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Florida Senate
-
2026
SB 416
By
Senator Avila
39-00145-26 2026416__
1 A bill to be entitled
2 An act relating to property damage caused by limestone
3 mining operations; creating s. 552.445, F.S.;
4 providing legislative findings and intent; creating s.
5 552.4451, F.S.; defining terms; creating s. 552.4452,
6 F.S.; providing that certain property owners who have
7 sustained property damage as a result of limestone
8 mining operations have a right to file a claim for
9 compensation; providing requirements for such claims;
10 requiring such claims to be brought within a specified
11 period of time; creating s. 552.4453, F.S.; requiring
12 the Division of Administrative Hearings to adjudicate
13 specified claims; providing for the adjudication
14 process; 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 to
24 read:
25
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
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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
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residents in Northwest Miami-Dade County and Southwest 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 for
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compensation for property damage caused by limestone mining
49
operations.
50
(2)
“Division” means the Division of Administrative
51
Hearings.
52
(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
55
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.
58
(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.
61
(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.
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
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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.
73
(2)
A claim for compensation must include all of the
74
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.
80
(3)
A claim brought under this section must be filed within
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2 years after the date the property damage was discovered or
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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.
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(2)
The division shall:
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(a)
Conduct a hearing to determine the validity of a claim.
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(b)
Allow for the presentation of evidence, including, but
91
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
95
mining operations.
96
(4)
The administrative law judge shall issue a finding of
97
facts and determine if the claimant has demonstrated competent
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and substantial evidence to prove by the greater weight of the
99
evidence that the property damage was caused by limestone mining
100
operations.
101 Section 5. Section 552.4454, Florida Statutes, is created
102 to read:
103
552.4454
Appropriation and compensation.—
104
(1)
The Legislature shall appropriate each fiscal year from
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the General Revenue Fund moneys to the Insurance Regulatory
106
Trust Fund to ensure the prompt payment of compensation awarded
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by an administrative law judge under s. 552.4453.
108
(2)(a)
If a claim is upheld by the administrative law judge
109
under s. 553.4453, the state must compensate the claimant for
110
costs to repair structural damage to the claimant’s property.
111
(b)
Compensation amounts are determined based on the market
112
rates for such repair costs.
113 Section 6. This act shall take effect upon becoming a law.