69A-2.024. Construction Materials Mining Activities

(1) Scope.

(a) This section implements section 552.30, F.S., which gives the State Fire Marshal sole and exclusive authority to promulgate standards, limits, and regulations regarding the use of explosives in conjunction with the extraction of limestone and sand by any person or company primarily engaged in commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials and section 552.211, F.S., which allows the State Fire Marshal to restrict the quantity and use of explosives at any location within the state where such explosive is likely to cause injury to life or property.

(b) Any person or company not primarily engaged in commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials remains subject to the provisions of section 552.25, F.S.

(c) Nothing in this section is intended to supercede the requirements of chapter 552, F.S., or other sections in this rule chapter.

(2) Definitions. As used in this rule:

(a) “Blasting site” is a location within a mining area at which explosive charges are set.

(b) “Independent seismologist” is an individual whose function includes vibration and air overpressure measurement and the analysis and evaluation of their effects upon structures.

1. A seismologist under this subsection will not be considered “independent” if the seismologist is an employee of:

a. The mining permit holder, blaster, or user; or

b. Any entity subject to regulation under section 552.30, F.S.

2. A seismologist shall be ineligible to serve as an “independent seismologist” if the seismologist:

a. Has within 2 years from the written notice referenced below been retained by or otherwise served as an expert witness, investigator, or consultant for the mining permit holder, blaster, or user or for an aggrieved party in connection with any anticipated or threatened claim, legal action, or other proceedings in which the mining permit holder, blaster, or user is alleged in a written notice to have caused damages or adversely affected personal property allegedly due to the operation or performance of the activities regulated under this rule chapter; or

b. Does not meet the criteria of paragraph (4)(c) of this rule.

3. The Fire Marshal’s office shall provide a list of qualified independent seismologists approved for use pursuant to this paragraph. The requirement to use an independent seismologist shall not be effective until the list is compiled.

(c) “Limestone” as used in section 552.30(1), F.S., means any extracted material composed principally of calcium or magnesium carbonate. Coquina is a form of limestone composed of shell fragments.

(d) “Mining area” as used in this rule section is the area of land in which construction materials mining activity is to occur.

(e) “Urban development” is defined as a residential subdivision containing 25 or more occupied residences within the local urban development boundary.

(3) Mining Permit.

(a) Applicability.

1. Any construction materials mining activity which is in operation upon the effective date of this rule shall be allowed to continue such mining operations, including blasting, provided that the applicant submits an application in accordance with this rule within 90 days of the effective date of this rule.

2. All construction materials mines which are not in active operation on the effective date of this rule must have a blasting permit issued pursuant to these rules prior to commencing blasting activities.

(b) A mining permit shall be issued only after:

1. Payment of a fee established in subsection (10), below, or by the county or municipality to cover costs.

2.a. Approval of an application, signed by the applicant showing the applicant’s name and address, on Form DFS-K3-1498 Rev. 3/02, Construction Mining Activity Application, which is hereby adopted and incorporated by reference and is available from Safety Program Manager, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

b. Within 30 days of receipt of the application, the State Fire Marshal shall request additional information if necessary to evaluate the application.

c. The State Fire Marshal shall inform the permittee by fax or otherwise in writing when the application is complete.

d. Within 90 days of the completion of the application, the application shall be approved or denied.

(c) The permit holder shall report all complaints to the authority issuing the permit.

(d) Standards for Mining Permit Approval. A mining permit shall be approved unless any item listed on Form DFS-K3-1498 in paragraph (2)(b), above, is not provided.

(e) License period. Each mining permit shall be issued for a period of 10 years.

(f) Annual Report and Annual Permit Fee Procedure.

1. The mining activity covered by the mining permit will be reviewed on an annual basis for compliance with chapter 552, F.S., including but not limited to compliance with the record keeping requirements.

2. The mining permit holder shall annually pay a permitting fee specified in subsection (10), below.

(g) Transfer of permits.

1. Within 60 days after the sale or legal transfer of a mining operation, the permittee shall inform the State Fire Marshal or delegatee in writing of the sale or legal transfer, identify the proposed new permittee, and request transfer of the permit.

2. At the option of the permittee request for transfer may be made prior to the sale or transfer of the mining operation, with approval being effective upon closing of the sale or transfer of the operation.

3. Requests for transfer shall be accompanied by the fee specified in paragraph (10)(e).

4. The State Fire Marshal or delegatee shall approve the transfer of the permit unless it determines that the proposed new permittee does not meet the requirements of this rule. The determination shall be limited solely to the ability of the new permittee to comply with the conditions of the existing permit, and it shall not concern the adequacy of the permit conditions.

5. Within 30 days of receipt of the request for a transfer, the State Fire Marshal or delegatee shall request additional information if necessary to evaluate the request. The State Fire Marshal or delegatee shall inform the permittee by fax or otherwise in writing when the request is complete.

6. Within 90 days of the completion of the request, the request shall be approved or denied subject to section 120.60, F.S.

7. The transferee is allowed to continue to operate under the existing permit until the request for transfer has been approved or denied.

(h) Renewal of Permits.

1. At least 60 days prior to the expiration of a mining permit issued pursuant to this rule, the permittee wishing to continue activities subject to this rule shall apply for renewal of the permit using Form DFS-K3-1498, Construction Mining Activity Application.

2. If the request is submitted at least 60 days prior to the expiration of the mining permit, the existing permit shall remain in effect until final agency action, or later as required by section 120.60, F.S.

(i) Modification of Permits.

1. A permittee may request a modification of the permit by applying to the State Fire Marshal or delegatee. The request shall identify the proposed modification.

2. Requests for modification shall be accompanied by the fee specified in paragraph (10)(d).

3. Within 30 days of receipt of the request, the State Fire Marshal or delegatee shall request additional information if necessary to evaluate the request.

4. The State Fire Marshal or delegatee shall inform the permittee by fax or otherwise in writing when the request is complete.

5. Within 30 days of the completion of the request, the request shall be approved or denied subject to section 120.60, F.S.

(4) Ground Vibration Limits. Ground vibration shall not exceed the limits of particle velocity and frequencies established by the U.S. Bureau of Mines Report of Investigations, No. 8507 Ground Vibration, Frequency Limits.

(a)1. The maximum, Appendix B – Alternative Blasting Level Criteria (Figure B-1). A blasting operation shall use a seismograph, as identified in paragraph (4)(c), below, to monitor each blast to ensure compliance with the ground vibration limits established in section 552.30, F.S.

2. The U.S. Bureau of Mines Report of Investigations No. 8507, Appendix B – Alternative Blasting Level Criteria (Figure B-1) and Table 8-1.3, established in Section 8-1 of the National Fire Protection Association Standard 495, 1996 Edition are hereby adopted and incorporated by reference. Copies may be obtained from the Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, FL 32399-0342.

(b) 1. Ground vibration shall be measured for every blast at the location of the nearest building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations, up to a maximum of one mile.

2. If there are no such buildings within one mile, measurement shall be made at one mile in the direction of the nearest such building.

3. If there is a building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations in a direction 90 to 270 degrees from the direction of the nearest building specified in subparagraph (4)(b)1., above, and that building is no more than 500 feet farther than the nearest building, measurement shall also be made at the nearest of those buildings.

4. If a measurement location determined pursuant to subparagraphs (4)(b)1.-3., above, is not practicable, such as in a wet swamp, measurement shall be made at a point nearer to but in the same direction from the blast site.

(c)1. All measurements shall be made by a seismologist meeting the following criteria:

a. Five years continuous experience measuring and evaluating levels of ground vibration and air overpressure produced by blasting,

b. Demonstrable expertise in the use, location, and operation of seismographic equipment and analysis of seismographic data; and,

c. Prior experience in monitoring side effects produced by blasting used in construction materials mining activity.

d. The State Fire Marshal has not found that the seismologist has engaged in dishonest practices relating to the collection or analysis of data or information regarding the use of explosives in construction materials mining. Such a finding will be subject to section 120.57, F.S.

e. The seismologist is not an employee of the mining permit holder, blaster, or user.

2. Measurements shall be taken and equipment shall meet specifications of and be installed in accordance with the International Society of Explosives Engineers Blaster’s Handbook, 17th Edition, Copyright 1998.

3. The International Society of Explosives Engineers Blaster’s Handbook, 17th Edition, Copyright 1998, is hereby adopted and incorporated by reference and may be obtained from the International Society of Explosives Engineers, 30325 Bainbridge Road, Cleveland, Ohio 44139.

4. When the use of explosives occurs within 2 miles of an urban development, measurements shall be collected and reported by an independent seismologist.

(d)1. All seismographic equipment used within the boundaries of the State of Florida shall be calibrated according to the manufacturer’s specifications and shall be certified as accurate by the manufacturer on an annual basis or as needed.

2. If the manufacturer is unavailable for such certification, the certification shall be performed by a person approved by the State Fire Marshal. Such approval shall be granted if the certifying person is known to be independent and reliable. “Independent” means not an employee or affiliate of a company engaged in construction materials mining activity, and “reliable” means never having been found to have willfully or negligently miscalibrated seismographic equipment.

3. Units not meeting current calibration guidelines shall be removed from service until calibration has been completed.

4. Calibration records shall be made available to the Division upon request.

(5) Airblast.

(a) Airblast limits shall conform with the limits established in Section 8-2 of National Fire Protection Association Standard Number 495, 1996 Edition, which is hereby adopted and incorporated by reference.

1. The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02169-7471.

2. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(b)1. Measurements made by a seismologist and any measurements made by an independent seismologist shall be made using seismographic equipment meeting the specifications of the International Society of Explosives Engineers Blasters’ Handbook, 17th Edition, Copyright 1998.

2. Measurements shall be taken and equipment shall be installed in accordance with the International Society of Explosives Engineers Blasters’ Handbook, 17th Edition, Copyright 1998.

(6) Time and Date of Explosives Use.

(a) The use of explosives shall be conducted during daylight hours between 8:00 a.m. and 5:00 p.m. (local time), Monday through Friday.

(b) No explosive blasting shall occur on Saturdays, Sundays, official holidays recognized by the State of Florida pursuant to section 110.117, F.S., or hours other than specified in the prior sentence unless consent is granted by the State Fire Marshal. Such consent shall be granted if the consent is in the interest of public safety.

(7) Blasting Activities Reporting. Each person engaged in construction materials mining activity shall submit to the Division or its delegatee, upon request, the results of ground vibration and airblast measurements. This report shall be maintained in accordance with section 552.112, F.S. The report shall contain, at a minimum, for each blast:

(a) Date and time of blast;

(b) Number of holes;

(c) Depth;

(d) Number of wet holes, water depth;

(e) Hole diameter;

(f) Spacing;

(g) Amount of explosives;

(h) Number of primers;

(i) Type of caps (i.e., electric or nonelectric);

(j) Number of caps;

(k) Stemming feet;

(l) Maximum pounds delay;

(m) Maximum hole delay;

(n) Weather;

(o) Wind direction;

(p) Type and make of blasting machine;

(q) Global positioning system direction and distance in feet to the nearest building;

(r) Decking feet;

(s) Location of each seismograph;

(t) Peak particle velocity inches per second;

(u) Sound decibels;

(v) Name, address, and license number of user of explosives; and,

(w) Name, address, and permit number of blaster.

(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 three-hour (3-hour) time window for the detonation, on an electronically submitted Form DFS-K3-2017, Notice of Planned Use of Explosive, effective 11/21, http://www.flrules.org/Gateway/reference.asp?No=Ref-13670, 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 any detonation does not occur as noticed, the rescheduled detonation must be reported to the State Fire Marshal via email within one (1) business day to [e-mail], along with the date and three-hour (3-hour) time window of the rescheduled detonation. 

(c) Any person who engages in construction materials mining activities in Miami-Dade County must, by the first (1st) and fifteenth (15th) day of each month, electronically submit to the Division Form DFS-K3-2018, Blasting Activities Report, effective 11/21, http://www.flrules.org/Gateway/reference.asp?No=Ref-13671, 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(3), 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 and escort any seismologist hired or contracted by the State Fire Marshal pursuant to section 552.30(3), F.S., solely for the purposes of placing necessary equipment on the property of the company engaged in construction materials mining 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(3), F.S.

(h) Prior to accessing a contruction materials mining activities site in Miami-Dade County for the purpose of installing or maintaining monitoring equipment on the site, any seismologist hired or contracted by the State Fire Marshal for that purpose shall comply with the training requirements of the Mine Safety and Health Act, 30 U.S.C. §§ 801-966 (2019), (effective January 24, 2020) (MSHA) http://www.flrules.org/Gateway/reference.asp?No=Ref-13669, incorporated by reference, and Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines 30 C.F.R. §§ 46.1-46.12 (2020), (effective July 1, 2020), http://www.flrules.org/Gateway/reference.asp?No=Ref-13668, incorporated by reference.  Copies of the MSHA and 30 C.F.R. §§ 46.1-46.12 can be obtained at: https://www.myfloridacfo.com/Division/SFM/BFP/.

(i) Upon the request of the construction materials mining activities site owner or operator, any seismologist hired or contracted by the State Fire Marshal shall present proof of MSHA training.

(9) Local Government Notice.

(a) Each person permitted to engage in construction materials mining activity shall submit written notification to the county and or municipality in which construction materials mining activity is to be conducted. The initial and subsequent notices required by this rule shall advise that a permit has been issued or renewed. The initial notice shall be provided after the issuance of the permit and give at least 20 days notice prior to the initial blast.

(b) Subsequent notices shall be provided following the annual permit renewal date and give at least five days notice prior to the first blast following annual permit renewal date. Notice is required to be given no more than once per year.

(c) As soon as practical, but no later than one hour prior to the time when a blast is scheduled to take place, the person or firm engaged in construction materials mining activity shall, if requested, notify the county or municipality of any revisions to the notice.

(10) Delegation of Authority.

(a) The delegation by the State Fire Marshal described in section 552.30(2), F.S., shall be accomplished by written agreement.

(b) Fees charged by the delegatee for activities specified in the agreement shall not exceed an amount calculated to cover the reasonable costs of the activities performed under the agreement.

(11) Fees. The fees established pursuant to section 552.30, F.S., shall be used exclusively to fund the monitoring and enforcement activities pursuant to section 552.30, F.S., unless otherwise approved by the Florida Legislature, and shall be as follows:

(a) Initial permit: $4,000.

(b) Renewal: $4,000 after 10 years.

(c) Annual mining permit fee: $1,500.

(d) Permit transfer fee: $100.

(e) Permit modification fee:

1. $1,500 for a modification including a change in the boundaries of the blasting site or mining area.

2. $500 for any other modification.

(12) Disciplinary Action; Mining Permit; Grounds for Denial; Nonrenewal, Suspension, or Revocation of a Mining Permit.

(a) The State Fire Marshal shall investigate any alleged violation of chapter 552, F.S., or this rule.

(b) The following acts constitute cause for disciplinary action:

1. Violation of any provision of chapter 552, F.S., or any rule adopted pursuant thereto.

2. Violation of the ground vibration, frequency limits set forth in section 552.30, F.S.

3. Failing to obtain, retain or maintain one or more of the qualifications for a mining permit as specified in this chapter.

4. Making a material misstatement, misrepresentation, or committing fraud in obtaining or attempting to obtain a mining permit.

5. Failing to maintain any record required pursuant to chapter 552, F.S., and any rule or code adopted pursuant thereto.

6. Falsifying any record required to be maintained by chapter 552, F.S., or rules adopted pursuant thereto.

(c) The lapse or suspension of a mining permit by operation of law or by order of the State Fire Marshal or a court or its voluntary surrender by a mining permit holder does not deprive the State Fire Marshal of jurisdiction to investigate or act in disciplinary proceedings against the mining permit holder.

(d) In addition, the State Fire Marshal shall not issue a new mining permit if it finds that the circumstance or circumstances for which the mining permit was previously revoked or suspended still exist or are likely to recur.

(13) Nothing in this rule shall impact a county’s or municipality’s authority to exercise whatever powers are not prohibited by section 552.30, F.S.

(14)(a) Notwithstanding the standards in this rule, the Division shall, pursuant to section 552.211(3), F.S., restrict the quantity and use of explosives at any location within the state when the Division determines, subject to protections provided by chapter 120, F.S., the use of such explosives is likely to cause injury to life or property.

(b) Such restrictions shall be to the extent necessary to render the use of such explosives unlikely to cause injury to life or property.

(c) In determining that the use of explosives is likely to cause injury to life or property in a given location, the Division shall consider the following factors:

1. Distance of blasting activity to structures;

2. Use and occupancy of structures near blasting activity;

3. Geology of area near blasting activity; and,

4. Type of construction use in structures near blasting activity.

5. Any credible evidence relevant to the risk of injury to life or property, not excluding evidence that existing damage resulted from causes other than the use of explosives.

(15) 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)(d).

(b) Each bond shall:

1. Be issued by a surety company or by an insurance company licensed to issue surety bonds or to transact insurance in the State of Florida,

2. Contain as a condition of the undertaking the following statement in type at least as large as the size of the type for the remainder of the bond:

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT IF THE PRINCIPAL, the above bounded _______, shall faithfully comply with and conduct business under its license or permit in accordance with the provisions of the chapter 552, F.S., and abide by all applicable statutes and rules and regulations of the Department of Financial Services (the Department) as promulgated by the Chief Financial Officer, the obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond shall be in favor of the Department and shall specifically authorize recovery by the Department 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., in case the Principal is guilty of failing to pay damages awarded within 30 days after a final order 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.

3. Have attached to it a properly certified copy of the agent’s Power of Attorney,

4. Be signed by the principal and have the signature of the principal witnessed,

5. Have typed below each signature the name of the person having affixed his or her signature,

6. Be countersigned by a Florida Resident General Lines Agent of the Surety which must not be a title insurer,

7. Be bound to the Department of Financial Services of the State of Florida or its successors in office, in the penal sum of $100,000.00 in the aggregate, lawful money of the United States of America, for payment of which well and truly to be made,

8. Provide for giving 30 days notice of cancellation in writing to the principal and filed with the Department of Financial Services by United States registered mail,

9. Contain at the top, centered, in not less than 14 point boldface type lettering the words, “Construction Materials Mining Company Bond, section 552.38, F.S.”

(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 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)(a), a person referred to in paragraph (15)(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. Except as provided in this subsection, the provisions of chapter 675, F.S., including, but not limited to, the definitions contained in section 675.103, F.S., are applicable to each Letter, each party to a Letter, and to this subsection.

2. The issuer of the Letter must be a financial institution chartered under the laws of the United States of America or of the State of Florida.

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)(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)(a).

5.a. Each Letter must contain a condition of the undertaking.

b. The condition of the undertaking of each Letter is that the Letter shall specifically authorize recovery by the department 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., in the event that the applicant for the Letter 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 entry of an appellate mandate affirming a final order awarding damages.

6. Each Letter must be authenticated by a signature which is on file with the department or in accordance with the standard practices referred to in section 675.108(5), F.S.

7. The original of each Letter, once issued, must be maintained in the custody of the department.

8.a. No Letter is permitted to contain a statement that it is revocable.

b. If a Letter contains a statement that it is revocable, such Letter is void and of no effect for purposes of complying with the Florida Construction Materials Mining Activities Administrative Recovery Act, sections 552.32-.44, F.S., or these rules.

9.a. Each Letter shall state that it is perpetual.

b. Each Letter shall be perpetual within the meaning of section 675.106, F.S.

10.a. Each Letter must be replaced not later than 4 years and 6 months after the stated date of issuance or, if none is stated, after the actual date of issuance.

b. Failure to replace the Letter within the 4 years and 6 months period without providing a bond as permitted by paragraph (a), constitutes an immediate, serious danger to the public health, safety, and welfare, and shall result in an immediate final order of revocation of the licensee’s or permittee’s license or permit, and also constitutes grounds for the imposition of any other applicable penalty provided for in chapter 552, F.S.

11.a. Each Letter shall be payable on or before the seventh day after presentation of a document evidencing satisfaction of the condition of the undertaking.

b. Presentation of a certified copy of a judgment awarding damages from an administrative law judge of the Division of Administrative Hearings under the Florida Construction Materials Mining Activities Administrative Recovery Act, sections 552.32-.44, F.S., or a certified copy of an appellate court mandate affirming such a judgment, together with an affidavit from an authorized department representative that such judgment has not been paid, constitutes sufficient evidence to satisfy the condition of the undertaking for payment under the Letter.

c. Authorized representatives of the department are the Chief Financial Officer acting as the State Fire Marshal, the department’s Chief of Staff, any Deputy Chief Financial Officer acting on behalf of the Chief Financial Officer acting as the State Fire Marshal, the director of the Division of State Fire Marshal, the Chief of the Bureau of Fire Prevention, the Safety Program Manager of the Bureau of Fire Prevention, and any attorney employed by the department.

d. Payment under the Letter shall be made to the “Department of Financial Services.”

e. After receipt of payment of the Letter, the department shall deposit the check and, upon clearance of such check, the department shall issue a check for the exact same amount as the payment under the Letter to the owner or holder of the judgment referenced in this subsection.

12.a. Each Letter shall state that it is transferable and assignable from the department to the department’s transferee or assignee.

b. The department’s transferee or assignee shall be the owner and holder of a judgment from an administrative law judge of the Division of Administrative Hearings providing for damages under the Florida Construction Materials Mining Activities Administrative Recovery Act, sections 552.32-.44, F.S., or a mandate affirming such a judgment, which the licensee or permittee has failed to pay within the time allotted in such Act.

13. Each Letter shall be governed by, and shall state that it is governed by, the laws of the State of Florida, regardless of the country, state, territory, or other location at which the Letter was applied for, requested, or issued.

14. Each Letter shall state that venue for any cause of action brought under the Letter in state court shall lie in the circuit court of the Second Judicial Circuit of Florida, in and for Leon County, and, if an action is brought under the laws of the United States of America, venue shall lie in the United States District Court for the Northern District of Florida, Tallahassee Division.

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)(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)(d), shall be approved.

(e)1. Each bond or letter of credit shall provide security for payment of any award against the user or permit holder in the initial amount of not less than $100,000.00, which amount shall be maintained at all times the user or permit holder engages in construction materials mining activities. If the user or permit holder wishes, such bond or letter of credit may be maintained in an amount that exceeds $100,000.00.

2. If an award is made pursuant to section 552.40(7), F.S., and the respondent which is a user or permit holder fails to pay the damages within 30 days after the final order is issued or within 30 days after the entry of an appellate mandate affirming a final order awarding damages, and the award is paid from the bond or letter of credit provided for in section 552.38, F.S., and this rule, the respondent shall immediately secure a replacement bond or letter of credit in the full sum of not less than $100,000.00.

3. The respondent against whom the award was made and the award paid from the bond or letter of credit shall not engage in construction materials mining activities without having secured an effective replacement bond or letter of credit.

(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.

(16)(a) Based upon the safe level of blasting vibrations for houses as shown in Figure B-1, United States Bureau of Mines, Report of Investigations 8507, notwithstanding the limits in subsection (4), above, the use of explosives within two miles of an urban development, as defined in paragraph (2)(e), above, shall not exceed a peak particle velocity of more than 0.5 inches per second due to the potential existence of plaster on lath construction.

(b) Measurement of such ground vibration levels shall be made consistent with subparagraph (4)(c)2., above, at the nearest occupied residential structure within the urban development, which structure is not owned, leased, or contracted with the blasting or mining operation.

Rulemaking Authority 552.30, 552.38 FS. Law Implemented 522.211, 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, 11-11-21.