S 416

Florida Senate - 2026  SB 416
By Senator Avila
39-00145-26  2026416__
1A bill to be entitled
2An act relating to property damage caused by limestone
3mining operations; creating s. 552.445, F.S.;
4providing legislative findings and intent; creating s.
5552.4451, F.S.; defining terms; creating s. 552.4452,
6F.S.; providing that certain property owners who have
7sustained property damage as a result of limestone
8mining operations have a right to file a claim for
9compensation; providing requirements for such claims;
10requiring such claims to be brought within a specified
11period of time; creating s. 552.4453, F.S.; requiring
12the Division of Administrative Hearings to adjudicate
13specified claims; providing for the adjudication
14process; providing a standard of proof; requiring an
15administrative law judge to make certain findings;
16creating s. 552.4454, F.S.; providing an annual
17appropriation; requiring the state to compensate
18property owners whose claims are upheld for certain
19costs; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23Section 1. Section 552.445, Florida Statutes, is created to
24read:
25552.445 Property damage caused by limestone mining
26operations; legislative findings and intent.—
27(1) The Legislature finds that:
28(a) Limestone mining for aggregate is an essential
29component of this state’s economy, contributing to
30infrastructure development and construction by providing a cost
31effective source of concrete.
32(b) Limiting limestone mining operations would result in
33increased costs of construction, adversely affecting this
34state’s economy and its residents.
35(2) The Legislature also recognizes the concerns of
36residents in Northwest Miami-Dade County and Southwest Broward
37County, who have reported property damage resulting from ground
38vibrations caused by nearby limestone mining operations.
39(3) It is the intent of the Legislature to provide a fair
40and equitable remedy for property owners who can prove that
41their property damage was caused by nearby limestone mining
42operations.
43Section 2. Section 552.4451, Florida Statutes, is created
44to read:
45552.4451 Definitions.—As used in ss. 552.445-552.4454, the
46term:
47(1) “Claimant” means a property owner who files a claim for
48compensation for property damage caused by limestone mining
49operations.
50(2) “Division” means the Division of Administrative
51Hearings.
52(3) “Ground vibrations” means seismic activity in the
53ground caused by the use of explosives, heavy machinery, or
54other mining operations involved in limestone extraction or
55processing. Such activity may be mechanically detected by
56seismographic monitoring or other means within a radius of up to
573 miles from the point of origin.
58(4) “Limestone mining operation” means the extraction and
59processing of limestone for use in concrete aggregate which
60results in ground vibrations.
61(5) “Property damage” means any physical damage to a
62structure, a foundation, or property caused by ground vibrations
63or a related impact resulting from limestone mining operations.
64(6) “Property owner” means an individual or entity holding
65title to real property in this state.
66Section 3. Section 552.4452, Florida Statutes, is created
67to read:
68552.4452 Claims; statute of limitations.—
69(1) A property owner whose property is located within a 3
70mile radius of limestone mining operations who has sustained
71property damage as a result of such operations has the right to
72file a claim for compensation.
73(2) A claim for compensation must include all of the
74following:
75(a) Evidence of property ownership.
76(b) Evidence of property damage.
77(c) Evidence linking the property damage to the limestone
78mining operations, including, but not limited to, mechanical
79detection of ground vibrations.
80(3) A claim brought under this section must be filed within
812 years after the date the property damage was discovered or
82reasonably should have been discovered.
83Section 4. Section 552.4453, Florida Statutes, is created
84to read:
85552.4453 Adjudication of claims.—
86(1) Claims brought under s. 552.4452 shall be adjudicated
87by the division.
88(2) The division shall:
89(a) Conduct a hearing to determine the validity of a claim.
90(b) Allow for the presentation of evidence, including, but
91not limited to, expert testimony, vibration monitoring data, and
92structural evaluations.
93(3) The claimant must demonstrate by the greater weight of
94the evidence that the property damage was caused by limestone
95mining operations.
96(4) The administrative law judge shall issue a finding of
97facts and determine if the claimant has demonstrated competent
98and substantial evidence to prove by the greater weight of the
99evidence that the property damage was caused by limestone mining
100operations.
101Section 5. Section 552.4454, Florida Statutes, is created
102to read:
103552.4454 Appropriation and compensation.—
104(1) The Legislature shall appropriate each fiscal year from
105the General Revenue Fund moneys to the Insurance Regulatory
106Trust Fund to ensure the prompt payment of compensation awarded
107by an administrative law judge under s. 552.4453.
108(2)(a) If a claim is upheld by the administrative law judge
109under s. 553.4453, the state must compensate the claimant for
110costs to repair structural damage to the claimant’s property.
111(b) Compensation amounts are determined based on the market
112rates for such repair costs.
113Section 6. This act shall take effect upon becoming a law.