HB0115 Property Damage Caused by Limestone Mining Operations |…

Plain English Breakdown

The bill text states the appropriation is indeterminate and must be made annually by the Legislature, meaning funding levels are not guaranteed in advance.

Compensation for Property Damage from Limestone Mining

This bill creates a process for property owners within three miles of limestone mines to file claims with the state if ground vibrations cause damage to their homes or land.

What This Bill Does

Creates new laws that let eligible property owners file claims for money when mining causes damage.
Requires claimants to provide evidence proving they own the property, show proof of damage, and link the damage to mine operations.
Sets a rule that claims must be filed within two years after discovering the damage or reasonably should have discovered it.
Assigns the Division of Administrative Hearings to hold hearings and decide if claims are valid based on evidence.
Requires the state to pay for repair costs using funds from the General Revenue Fund transferred to the Insurance Regulatory Trust Fund.

Who It Names or Affects

Property owners whose land is located within three miles of limestone mining operations.
The Division of Administrative Hearings, which will manage and decide on claims.
State agencies responsible for managing funds from the General Revenue Fund and Insurance Regulatory Trust Fund.

Terms To Know

Ground vibrations: Seismic activity in the ground caused by explosives, heavy machinery, or other mining operations that can be detected up to three miles away.
Claimant: A property owner who files a request for money because their land was damaged by limestone mining operations.
Adjudication: The official process where the Division of Administrative Hearings reviews evidence and decides if a claim is valid.

Limits and Unknowns

Claimants must prove by the greater weight of the evidence that mining caused their specific damage.
Claims are only allowed for properties located within three miles of the mine site.
The total amount of money set aside each year is not fixed and depends on future legislative decisions.

Official Summary Text

Property Damage Caused by Limestone Mining Operations; Provides that certain property owners who have sustained property damage as result of limestone mining operations have right to file claim for compensation; provides claims requirements; requires such claims to be brought within specified period of time; requires Division of Administrative Hearings to adjudicate such claims; provides for adjudication process; provides annual appropriation; requires state to compensate property owners' whose claims are upheld for certain costs.

APPROPRIATION:
Indeterminate

Current Bill Text

Read the full stored bill text

HB 115 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

A bill to be entitled 1
An act relating to property damage caused by limestone 2
mining operations; creating s. 552.445, F.S.; 3
providing legislative findings and intent; creating s. 4
552.4451, F.S.; providing definitions; creating s. 5
552.4452, F.S.; providing that certain property owners 6
who have sustained property damage as a result of 7
limestone mining operations have a right to file a 8
claim for compensation; providing requirements for 9
such claims; requiring such claims to be brought 10
within a specified period of time; creating s. 11
552.4453, F.S.; requiring the Division of 12
Administrative Hearings to adjudicate specified 13
claims; providing for the adjudication process; 14
providing a standard of proof; requiring an 15
administrative law judge to make certain findings; 16
creating s. 552.4454, F.S.; providing an annual 17
appropriation; requiring the state to compensate 18
property owners' whose claims are upheld for certain 19
costs; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 552.445, Florida Statutes, is created 24
to read: 25

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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

552.445 Property damage caused by limestone mining 26
operations; legislative findings and intent.— 27
(1) The Legislature finds that: 28
(a) Limestone mining for aggregate is an essential 29
component of this state's economy, contributing to 30
infrastructure development and construction by providing a cost-31
effective source of concrete. 32
(b) Limiting limestone mining operations would result in 33
increased costs of construction, adversely affecting this 34
state's economy and its residents. 35
(2) The Legislature also recognizes the concerns of 36
residents in North West Miami-Dade County and South West Broward 37
County, who have reported property damage resulting from ground 38
vibrations caused by nearby limestone mining operations. 39
(3) It is the intent of the Legislature to provide a fair 40
and equitable remedy for property owners who can prove that 41
their property damage was caused by nearby limestone mining 42
operations. 43
Section 2. Section 552.4451, Florida Statutes, is created 44
to read: 45
552.4451 Definitions.—As used in ss. 552.445-552.4454, the 46
term: 47
(1) "Claimant" means a property owner who files a claim 48
for compensation for property damage caused by limestone mining 49
operations. 50

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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

(2) "Division" means the Division of Administrative 51
Hearings. 52
(3) "Ground vibrations" means seismic activity in the 53
ground caused by the use of explosives, heavy machinery, or 54
other mining operations involved in limestone extraction or 55
processing. Such activity may be mechanically detected by 56
seismographic monitoring or other means within a radius of up to 57
3 miles from the point of origin. 58
(4) "Limestone mining operation" means the extraction and 59
processing of limestone for use in concrete aggregate which 60
results in ground vibrations. 61
(5) "Property damage" means any physical damage to a 62
structure, a foundation, or property caused by ground vibrations 63
or a related impact resulting from limestone mining operations. 64
(6) "Property owner" means an individual or entity holding 65
title to real property in this state. 66
Section 3. Section 552.4452, Florida Statutes, is created 67
to read: 68
552.4452 Claims; statute of limitations.— 69
(1) A property owner whose property is located within a 3 70
mile radius of limestone mining operations who has sustained 71
property damage as a result of such operations has the right to 72
file a claim for compensation. 73
(2) A claim for compensation must include all of the 74
following: 75

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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

(a) Evidence of property ownership. 76
(b) Evidence of property damage. 77
(c) Evidence linking the property damage to the limestone 78
mining operations, including, but not limited to, mechanical 79
detection of ground vibrations. 80
(3) A claim brought under this section must be filed 81
within 2 years after the date the property damage was discovered 82
or reasonably should have been discovered. 83
Section 4. Section 552.4453, Florida Statutes, is created 84
to read: 85
552.4453 Adjudication of claims.— 86
(1) Claims brought under s. 552.4452 shall be adjudicated 87
by the division. 88
(2) The division shall: 89
(a) Conduct a hearing to determine the validity of a 90
claim. 91
(b) Allow for the presentation of evidence, including, but 92
not limited to, expert testimony, vibration monitoring data, and 93
structural evaluations. 94
(3) The claimant must demonstrate by the greater weight of 95
the evidence that the property damage was caused by limestone 96
mining operations. 97
(4) The administrative law judge shall issue a finding of 98
facts and determine if the claimant has demonstrated competent 99
and substantial evidence to prove by the greater weight of the 100

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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

evidence that the property damage was caused by limestone mining 101
operations. 102
Section 5. Section 552.4454, Florida Statutes, is created 103
to read: 104
552.4454 Appropriation and compensation.— 105
(1) The Legislature shall appropriate each fiscal year 106
from the General Revenue Fund moneys to the Insurance Regulatory 107
Trust Fund to ensure the prompt payment of compensation awarded 108
by an administrative law judge under s. 552.4453. 109
(2)(a) If a claim is upheld by the administrative law 110
judge under s. 553.4453, the state must compensate the claimant 111
for costs to repair structural damage to the claimant's 112
property. 113
(b) Compensation amounts are determined based on the 114
market rates for such repair costs. 115
Section 6. This act shall take effect upon becoming a law. 116