(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 required under subsection (2). Evidence that the bond has been posted and maintained in compliance with this section must be maintained by any licensee or permitholder for the use of explosives in connection with construction materials mining activities as part of the mandatory record maintenance requirements of s. 552.112. The person must maintain, in a format approved by the Division of State Fire Marshal of the Department of Financial Services, a completed form that shows the amount and location of the bond or identifies the bond surety and the current bond value.
(2) The bond or letter of credit required under subsection (1) must be in an amount not less than $100,000, notwithstanding an award made by an administrative law judge under s. 552.40(7). In the case of a multiple licenseholder or multiple permitholder, a single bond in the aggregate amount of not less than $100,000 may be provided as security for the individual permits or licenses. If the user of explosives has not been identified as a respondent in any pending claim for damages under this chapter, and if renewal of the license or permit is not sought, the bond required under this section may be released upon the expiration of the license or permit or 181 days after the final use of explosives under the license, whichever occurs later, if the bond to be released is not security for other permits.
(3) The State Fire Marshal may adopt rules for the administration of this section.
History.—s. 5, 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.