(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 cause of action that involves both a claim for damage to real or personal property and another claim that is not addressed by this chapter must be bifurcated so that any claim seeking recovery for damage to real or personal property is adjudicated by the Division of Administrative Hearings.
(2) Notwithstanding s. 552.25, the review procedures set forth in this chapter preempt any claims, recovery, or similar procedure of any municipality, agency, board, or county or any other subdivision, entity, or special district of the state which would otherwise address a claim for damage caused by the use of explosives in connection with construction materials mining activities.
History.—s. 4, ch. 2003-62.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 552 - Manufacture, Distribution, and Use of Explosives
552.092 - Forms for Applications for Licenses and Permits.
552.093 - Competency Examinations Required.
552.094 - Issuance of Licenses, Permits; Prohibitions.
552.101 - Possession Without License Prohibited; Exceptions.
552.112 - Maintenance of Records by Users; Inspection.
552.113 - Reports of Thefts, Illegal Use, or Illegal Possession.
552.114 - Sale, Labeling, and Disposition of Explosives; Unlawful Possession.
552.12 - Transportation of Explosives Without License Prohibited; Exceptions.
552.13 - Promulgation of Regulations by the Division of State Fire Marshal.
552.151 - Procedure for Cease and Desist Orders; Administrative Fine.
552.161 - Administrative Fines.
552.171 - Suspension or Revocation of License or Permit.
552.181 - Conduct of Hearings.
552.20 - Review of Order of the Division.
552.21 - Confiscation and Disposal of Explosives.
552.211 - Explosives; General.
552.212 - Inspection of Buildings, Vehicles, Vessels, Aircraft, Equipment, or Premises.
552.25 - Municipal and County Ordinances, Rules, and Regulations.
552.27 - Construction of Chapter.
552.30 - Construction Materials Mining Activities.
552.34 - Legislative Findings; Public Purpose.
552.36 - Exclusive Jurisdiction; Division of Administrative Hearings.