Florida SB 416: Property Damage Caused by Limestone Mining Operations

Bill Text

416 
Property Damage Caused by Limestone Mining Operations 
2025-11-06T03:23:17Z 
Providing that certain property owners who have sustained property damage as a result of limestone mining operations have a right to file a claim for compensation; providing requirements for such claims; requiring the Division of Administrative Hearings to adjudicate specified claims, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 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 
 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 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 
 48 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 
 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 (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 within 
 81 2 years after the date the property damage was discovered or 
 82 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