552.36 – Exclusive Jurisdiction; Division of Administrative Hearings.
552.36 Exclusive jurisdiction; Division of Administrative Hearings.— (1) The Division of Administrative Hearings has exclusive jurisdiction over all claims for damages to real or personal property caused by the use of explosives in connection with construction materials mining activities. This chapter does not affect any claim seeking recovery for personal injury, emotional distress, or punitive damages. Any […]
552.38 – Security Requirement.
552.38 Security requirement.— (1) As a prerequisite to obtaining or renewing a valid user license as required by s. 552.091(5)(a), or obtaining or renewing a valid license or permit under s. 552.30, a person who uses explosives in connection with construction materials mining activities must post and maintain a bond or letter of credit as security as […]
552.40 – Administrative Remedy for Alleged Damage Due to the Use of Explosives in Connection With Construction Materials Mining Activities.
552.40 Administrative remedy for alleged damage due to the use of explosives in connection with construction materials mining activities.— (1) A person may initiate an administrative proceeding to recover damages resulting from the use of explosives in connection with construction materials mining activities by filing a petition with the Division of Administrative Hearings by electronic means through […]
552.42 – Appeal.
552.42 Appeal.—The petitioner or the respondent may appeal the final order of the administrative law judge to the district court of appeal with jurisdiction over the county where the hearing was held by filing a notice, accompanied by the required filing fee, as provided by the Florida Rules of Appellate Procedure. The payment of any award […]
552.44 – Prior Claims.
552.44 Prior claims.—This act does not affect any claim filed in any tribunal before the effective date of this act. History.—s. 8, ch. 2003-62.
552.22 – Penalties.
552.22 Penalties.— (1) Any person who manufactures, purchases, transports, keeps, stores, possesses, distributes, sells, or uses any explosive with the intent to harm life, limb, or property is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Manufacturing, purchasing, possessing, distributing, or selling an explosive under circumstances […]
552.23 – Injunction.
552.23 Injunction.—In addition to the penalties and other enforcement provisions of this chapter, in the event any person engaged in any of the activities covered by this chapter shall violate any provision of this chapter or any rule or regulation adopted or promulgated in pursuance thereto, the division is authorized to resort to proceedings for injunction […]
552.24 – Exceptions.
552.24 Exceptions.—Nothing contained in this chapter shall apply to the regular military or naval forces of the United States; or to the duly organized military force of any state or territory thereof; or to police or fire departments in this state, provided they are acting within their respective official capacities and in the performance of their […]
552.241 – Limited Exemptions.
552.241 Limited exemptions.—The licensing, permitting, and storage requirements of this chapter shall not apply to: (1) Dealers who purchase, sell, possess, or transport: (a) Smokeless propellant or commercially manufactured sporting grades of black powder in quantities not exceeding 150 pounds, provided such dealer holds a valid federal firearms dealer’s license. (b) Small arms ammunition primers, percussion caps, safety and […]
552.25 – Municipal and County Ordinances, Rules, and Regulations.
552.25 Municipal and county ordinances, rules, and regulations.—Nothing contained in this chapter shall affect any existing ordinance, rule or regulation pertaining to explosives of any incorporated city, town, county, or other local governmental entity in this state not less restrictive than the provisions of this chapter and rules promulgated pursuant thereto, or affect, modify or limit […]