Jimmy Patronis Issues Directive for Transparency and Accountability for Construction Materials Mining Activities

On Friday, state Chief Financial Officer (CFO) and State Fire Marshal Jimmy Patronis signed CFO Directive 2021-01, regarding the Construction Materials Mining Activities that are occurring in Miami-Dade County. This directive promotes transparency and accountability and requires the Division of State Fire Marshal to create a website where members of the public can submit complaints relating to construction materials blasting as well as review the status of complaints.

FULL TEXT OF CHIEF FINANCIAL OFFICER DIRECTIVE 2021-01:

WHEREAS, section 633.104, Florida Statutes, designates the Chief Financial Officer as the State Fire Marshal.

WHEREAS, section 552.30, Florida Statutes, grants the State Fire Marshal authority to adopt standards, limits and regulations regarding the use of explosives used for construction materials mining activities.

WHEREAS, section 552.30, Florida Statutes, requires the State Fire Marshal to establish statewide ground vibration limits for construction materials mining activities which conform to those limits established in the United States Bureau of Mines, Report of Investigations 8507, Appendix B – Alternative Blasting Level Criteria (Figure B-1).

WHEREAS, rule 69A-2.024, Florida Administrative Code, directs the State Fire Marshal to investigate any alleged violation of Chapter 552.30, Florida Statutes.

WHEREAS, the Division of State Fire Marshal investigates complaints of alleged non-compliant construction material mining activity occurring within the State of Florida.

WHEREAS, once a complaint is received, the Division of State Fire Marshal determines whether complainant’s allegations support further administrative action against a regulated entity.

WHEREAS, the State Fire Marshal is committed to promoting transparency and accountability with respect to alleged violations of Chapter 552 Florida Statutes, Rule 69A-2.024, Florida Administrative Code, and other authorities regulating construction materials mining activities.

WHEREAS, Representative Tom Fabricio and other public officials have raised concerns about the frequency and intensity of construction material mining activity occurring in and near Miami-Dade County.

WHEREAS, more permits for construction materials mining activities have been issued to entities operating in Miami-Dade County than any other county in Florida.

NOW THEREFORE, BE IT RESOLVED THAT I, JIMMY PATRONIS, in accordance with the authority vested in me by Article IV, Section 4 of the Florida Constitution, and Sections 17.30 and 20.121(1), Florida Statutes, and acting in my capacity as State Fire Marshal, hereby issue the following Directive to the Department of Financial Services’ Division of State Fire Marshal:

      • Section 1. The Division of State Fire Marshal shall create a website, where Complaint Reviews (Complaints) shall be made available for use and submission by the public.
      • Section 2. All Complaints submitted to the Division of State Fire Marshal shall be uploaded to the website referenced in Section 1. for public inspection.
      • Section 3. Upon receipt of a Complaint, the assigned staff shall undertake his or her best efforts to make initial contact with the Complainant by the end of the following business day.
      • Section 4. The Division shall update the status of each Complaint throughout the investigatory process, until the Complaint is closed. At such time, the status of the Complaint shall reflect whether the activities cited in the Complaint complied with or did not comply with applicable statutes and rules enforced by the Division of State Fire Marshal.
      • Section 5. The Division of State Fire Marshal shall notify the Complainant of the final disposition of its investigation, and whether the results of the investigation support further administrative action.
      • Section 6. This Directive is limited to Construction Materials Mining Activities occurring in Miami-Dade County and shall remain in effect until modified or rescinded by the State Fire Marshal.

 

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