Chapter 552 — Chapter 552
35 sections in this chapter.
Fla. Stat. § 552.081 Definitions
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As used in this chapter:(1) “Explosive materials” means explosives, blasting agents, or detonators.(2) “Explosives” means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion. The term “explosives” includes, but is not limited to, dy…
Fla. Stat. § 552.091 License or permit required of manufacturer-distributor, dealer, user, or blaster of explosives
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(1) It shall be unlawful for any person to engage in the business of a manufacturer-distributor or to acquire, sell, possess, store, or engage in the use of explosives in this state, except in conformity with the provisions of this chapter.(2) Each manufacturer-distributor, deale…
Fla. Stat. § 552.092 Forms for applications for licenses and permits
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(1) The forms for applications for explosives licenses and permits shall be prescribed by the division.(2) Each application for a license required under this chapter shall be filed in writing with the division. Each application for a license shall require, as a minimum, the full …
Fla. Stat. § 552.093 Competency examinations required
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(1) No license or permit shall be issued by the division until the applicant for such license or permit has satisfactorily passed an examination proving to the satisfaction of the division that the applicant is thoroughly competent and familiar with explosives and the operation t…
Fla. Stat. § 552.094 Issuance of licenses, permits; prohibitions
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(1) Each license issued by the division shall set forth, as a minimum, the full name, date of birth, and physical description of the licensee; the purpose for which the license is to be used in relation to explosives; the type of explosives to be manufactured, distributed, or use…
Fla. Stat. § 552.101 Possession without license prohibited; exceptions
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It is unlawful for any person to possess an explosive unless he or she is the holder of a current, valid license or permit, as above provided, and possesses such explosive for the purpose covered by the license or permit held. However, there is excepted from this provision common…
Fla. Stat. § 552.111 Maintenance of records and sales of explosives by manufacturer-distributors and dealers; inspections
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(1) It is unlawful for any licensed manufacturer-distributor to sell or distribute explosives to any person except a person presenting a current, valid dealer’s explosive license or user’s explosive license.(2) It is unlawful for any licensed dealer to sell or distribute explosiv…
Fla. Stat. § 552.112 Maintenance of records by users; inspection
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(1) It is unlawful for any user of explosives to purchase, store, or use explosives without maintaining an accurate and current written inventory of all explosives purchased, possessed, stored, or used.(2) Such records shall include, but not be limited to, invoices or sales ticke…
Fla. Stat. § 552.113 Reports of thefts, illegal use, or illegal possession
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(1) Any sheriff, police department, or peace officer of this state shall give immediate notice to the division of any theft, illegal use, or illegal possession of explosives within the purview of this chapter, coming to his or her attention, and shall forward a copy of his or her…
Fla. Stat. § 552.114 Sale, labeling, and disposition of explosives; unlawful possession
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No person shall sell, accept, or deliver any explosives unless each carton and each individual piece of such explosive is plainly labeled, stamped, or marked with the manufacturer’s mark. It shall only be necessary for such identification marks to be on the containers used for pa…
Fla. Stat. § 552.12 Transportation of explosives without license prohibited; exceptions
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No person shall transport any explosive into this state or within the boundaries of this state over the highways, on navigable waters or by air, unless such person is possessed of a license or permit; provided, there is excepted from the effects of this sentence common, contract …
Fla. Stat. § 552.13 Promulgation of regulations by the Division of State Fire Marshal
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The division shall make, promulgate, and enforce regulations setting forth minimum general standards covering manufacture; transportation other than on a public street, road, or highway (including loading and unloading); use; sale; handling; and storage of explosives. Said regula…
Fla. Stat. § 552.151 Procedure for cease and desist orders; administrative fine
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(1) Whenever the division shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto, it shall proceed to determine the matter.(2) If the division shall determine that t…
Fla. Stat. § 552.161 Administrative fines
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(1) If any person violates any provision of this chapter or any rule or regulation adopted pursuant thereto, or violates a cease and desist order, the division may impose an administrative fine, not to exceed $1,000 for each violation, or suspend or revoke the license or permit i…
Fla. Stat. § 552.171 Suspension or revocation of license or permit
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(1) The violation, by any person possessed of a license or permit as provided in s. 552.091, of any provision of this chapter or any rule or regulation adopted pursuant thereto or of a cease and desist order shall be cause for revocation or suspension of such license or permit by…
Fla. Stat. § 552.181 Conduct of hearings
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All hearings shall be conducted in accordance with the provisions of chapter 120.
Fla. Stat. § 552.20 Review of order of the division
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All review of orders of the division shall be in accordance with the provisions of chapter 120.
Fla. Stat. § 552.21 Confiscation and disposal of explosives
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(1) Whenever the department shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto, the department may, without further process of law, confiscate the explosives in …
Fla. Stat. § 552.211 Explosives; general
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(1) All explosive materials shall be stored in magazines which are in conformity with the rules or regulations of the division, except when they are in the process of manufacture, being used, or being loaded or unloaded into or from transportation vehicles, or while in the course…
Fla. Stat. § 552.212 Inspection of buildings, vehicles, vessels, aircraft, equipment, or premises
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The division may, when it deems necessary, inspect, at any reasonable hour, any building, storage facility, vehicle, vessel, aircraft, equipment, or premises where explosive materials are stored, kept, transported, used, manufactured, distributed, or sold, to determine if there i…
Fla. Stat. § 552.22 Penalties
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(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.…
Fla. Stat. § 552.23 Injunction
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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 d…
Fla. Stat. § 552.24 Exceptions
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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 …
Fla. Stat. § 552.241 Limited exemptions
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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…
Fla. Stat. § 552.25 Municipal and county ordinances, rules, and regulations
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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 promulgat…
Fla. Stat. § 552.26 Administration of chapter; personnel; fees to be deposited in Insurance Regulatory Trust Fund
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(1) The division is authorized to employ such persons as it may deem qualified and necessary, and incur such other expenses as may be required, in connection with the administration of this chapter.(2) All fees collected for licenses and permits and competency examination filing …
Fla. Stat. § 552.27 Construction of chapter
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The provisions of this chapter are cumulative and shall not be construed as repealing or affecting any powers, duties, or authority of the division under any other law of this state, except that with respect to the regulation of explosives as herein provided, in instances in whic…
Fla. Stat. § 552.30 Construction materials mining activities
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(1) Notwithstanding the provisions of s. 552.25, the State Fire Marshal shall have the sole and exclusive authority to adopt standards, limits, and regulations regarding the use of explosives used for construction materials mining activities. Such authority to regulate use shall …
Fla. Stat. § 552.32 Short title
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Sections 552.32-552.44 may be cited as the “Florida Construction Materials Mining Activities Administrative Recovery Act.”
Fla. Stat. § 552.34 Legislative findings; public purpose
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The Legislature finds and declares that:(1) Construction materials mining activities require the use of explosives to fracture the material prior to excavation.(2) The use of explosives results in physical ground vibrations and air blasts that may affect other property owners in …
Fla. Stat. § 552.36 Exclusive jurisdiction; Division of Administrative Hearings
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(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…
Fla. Stat. § 552.38 Security requirement
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(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…
Fla. Stat. § 552.40 Administrative remedy for alleged damage due to the use of explosives in connection with construction materials mining activities
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(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 the division’s …
Fla. Stat. § 552.42 Appeal
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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…
Fla. Stat. § 552.44 Prior claims
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This act does not affect any claim filed in any tribunal before the effective date of this act.