The proposed rulemaking will update Rule 69A-2.024, F.A.C., to implement separate blast reporting and notice requirements for all mines located in Miami-Dade County as required by section 552.30, F.S., and will make other ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-2.024Construction Materials Mining Activities

PURPOSE AND EFFECT: The proposed rulemaking will update Rule 69A-2.024, F.A.C., to implement separate blast reporting and notice requirements for all mines located in Miami-Dade County as required by section 552.30, F.S., and will make other necessary changes to the rule text. Section 552.30, F.S., requires the Division of State Fire Marshal to adopt rules to implement and enforce a monitoring pilot program for all construction materials mining activities in Miami-Dade County. Pursuant to section 552.30, F.S., the State Fire Marshal has the sole and exclusive authority to adopt standards, limits, and regulations regarding the use of explosives used for construction materials mining activities.

SUMMARY: The proposed rulemaking will update Rule 69A-2.024, F.A.C., to implement separate blast reporting and notice requirements for all mines located in Miami-Dade County through a pilot program, as required by section 552.30, F.S., and make other necessary changes to the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

A summary of the SERC follows:

• The rule is not likely to directly or indirectly have an adverse impact on economic growth, private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

• The rule is not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

• The rule is not likely to directly or indirectly increase regulatory costs, including any transaction costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

• The number of individuals and entities likely to be required to comply with the rule is approximately 25.

• The agency will incur minimal costs for implementing or enforcing the proposed rule.

• The cost to any other state and local government entities of implementing the proposed rule and the anticipated effect on state and local revenues is anticipated to be none.

• The total estimated transactional costs to the individuals and entities that are required to comply with the rule is minimal.

• Impacts on small businesses, small counties, and small cities are likely minimal and may vary by the size of the entity.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic review for this rulemaking.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 552.30, 552.38 FS.

LAW IMPLEMENTED: 552.20, 552.30, 552.38 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: July 13, 2021 at 10:00 a.m.

PLACE: Conference line: [phone], meeting code 7335716

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Melissa Dembicer at [phone] or [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Gatlin, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 E. Gaines Street, Tallahassee, Florida 32399-0342, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-2.024 Construction Materials Mining Activities.

(1) through (7) No change.

(8) Monitoring and Reporting Pilot Program.

(a) A monitoring and reporting pilot program for the use of explosives is created within the Division of State Fire Marshal to monitor and report each blast resulting from the use of explosives for construction materials mining activities in Miami-Dade County, and a public website is established for tracking and reporting under the monitoring and reporting pilot program. Such website shall be referred to in this rule as the “Mine Activity Clearinghouse,” which is located at https://www.mineactivityclearinghouse.myfloridacfo.gov.

(b) A person who engages in construction materials mining activities in Miami-Dade County must provide written notice to the State Fire Marshal of the planned use of an explosive for construction materials mining activities in Miami-Dade County at least seven (7) days before the detonation of the explosive, providing a one-hour (1-hour) time window for the detonation, on an electronically submitted Form DFS-K3-2017, Notice of Planned Use of Explosive, effective _____, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____, which is incorporated herein by reference. A copy of the form may be obtained by writing to the Division of State Fire Marshal, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by downloading the document from the Division’s website, https://www.myfloridacfo.com/division/SFM/BFP/BFPForms.htm. In the event that the noticed detonation cannot be conducted within the noticed time window, any such rescheduled detonation must be reported at least one (1) business day prior to the beginning of the time window for the rescheduled detonation. 

(c) Within three (3) days after any use of an explosive for construction materials mining activities in Miami-Dade County, any person engaging in such blast must electronically submit to the Division Form DFS-K3-2018, Blasting Activities Report, effective _____, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____, which is incorporated herein by reference. A copy of the form may be obtained by writing to the Division of State Fire Marshal, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by downloading the document from the Division’s website, https://www.myfloridacfo.com/division/SFM/BFP/BFPForms.htm.

(d) Forms DFS-K3-2017 and DFS-K3-2018 must be submitted electronically through the Mine Activity Clearinghouse website located at https://mineactivityclearinghouse.myfloridacfo.gov, or, if the Mine Activity Clearinghouse is unavailable, by email to [e-mail].

(e) All information electronically submitted under paragraph (8)(d) above will be publicly available on the Mine Activity Clearinghouse website.

(f)   Reports required under section 552.30(4), F.S., will be made publicly available on the Mine Activity Clearinghouse website.

(g) Each person who engages in construction materials mining activities in Miami-Dade County must provide access to any seismologist hired or contracted by the State Fire Marshal pursuant to section 552.30(4), F.S., for the purposes of placing necessary equipment to monitor each blast resulting from the use of explosives for construction materials mining activities in Miami-Date County as required under section 552.30(4)(c), F.S.

(8) through (13) renumbered as (9) through (14) No change.

(15)(14) Florida Construction Materials Mining Activities Administrative Recovery Act, sections 552.32-.44, F.S.; Bonds, Letters of Credit.

(a) Any person seeking to obtain a new User of Explosives License or to renew an existing User of Explosives License pursuant to the provisions of section 552.091(5)(a), F.S., and who is engaged in or intends to engage in the use of explosives in connection with construction materials mining activities, or any person seeking to obtain a new Construction Materials Mining Permit or to renew an existing Construction Materials Mining Permit issued pursuant to the provisions of section 552.30, F.S., must post and maintain a bond, except as set forth in paragraph (15)(14)(d).

(b) No change.

(c) Although not required to be used, a form for a bond can be found at the Division of State Fire Marshal website located at https://www.myfloridacfo.com/division/SFM/BFP/BFPForms.htm http://www.fldfs.com/SFM/index.htm which, if used and properly completed, will comply in all respects with the requirements of this rule.

(d) In lieu of the bond required in paragraph (15)(14)(a), a person referred to in paragraph (15)(14)(a), is permitted to obtain and maintain a letter of credit, which for purposes of this subsection shall be referred to as “Letter.” If a Letter is obtained and maintained in place of a bond, the following provisions apply.

1. through 2. No change.

3. The beneficiary of each Letter shall be the Department of Financial Services on behalf of a prevailing party in an action for damages sustained under the Florida Construction Materials Mining Activities Administrative Recovery Act, sections 552.32-.44, F.S., if any person referred to in paragraph (15)(14)(a), fails to pay damages awarded within 30 days after a final order awarding damages is issued by an administrative law judge of the Division of Administrative Hearings, or within 30 days after the entry of an appellate mandate affirming a final order awarding damages.

4. The applicant for the Letter must be a person referred to in paragraph (15)(14)(a).

5. through 14. No change.

15. Each Letter is subject to approval by the department; however, if a Letter meets the criteria in, and complies with, subparagraphs 2. through 14., of paragraph (15)(14)(d), shall be approved.

16. Once approved by the department, no Letter may be altered or amended in any manner except with written approval of the department; however, any Letter which contains any alteration or amendment which meets the criteria in, and complies with, subparagraphs 2. through 15., of paragraph (15)(14)(d), shall be approved.

(e) No change.

(f) Each person subject to section 552.38, F.S., must complete and maintain on file with the Department of Financial Services form DFS-K3-1598, Rev. 6/04, which is hereby adopted and incorporated by reference. Form DFS-K3-1598 may be obtained by contacting the Department at 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the Division of State Fire Marshal website located at https://www.myfloridacfo.com/division/SFM/BFP/BFPForms.htm http://www.fldfs.com/SFM/index.htm.

(16)(15) No change.

Rulemaking Authority 552.30, 552.38 FS. Law Implemented 552.20, 552.30, 552.38 FS. History–New 11-25-01, Amended 6-24-02, Formerly 4A-2.024, Amended 10-27-04, 5-9-10, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Gatlin, Chief, Bureau of Fire Prevention, Division of State Fire Marshal

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 11, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2020