Four Miami-Dade County homeowners are suing the state, seeking to strike down a law that requires property damage claims arising from limestone blasting to be handled through an administrative process rather than in court.
Dayron Leon, Miguel Martinez, Jorge Ortega II and Mayra Soto — who live in unincorporated northwest Miami-Dade near active limestone quarries — allege their homes have suffered substantial damage, including cracking, roof deterioration and plumbing leaks due to repeated blast mining.
The cost to investigate and repair the damage exceeds $50,000, according to a complaint filed Friday with the 11th Judicial Circuit. The lawsuit names Attorney General James Uthmeier and CFO Blaise Ingoglia as defendants in their official capacities.
Ingoglia oversees the Division of State Fire Marshal, which regulates explosives and blasting standards throughout the state.
Miami Lakes Council member Steven Herzberg, who in June 2025 successfully sponsored a measure approving a town lawsuit against the state over the issue, is among the lawyers representing the plaintiffs.
Herzberg previously served as Secretary on the Miami Lakes Blasting Advisory Board, which Martinez chairs.
At the center of the case is a law passed in 2003 that diverts all claims for property damage caused by explosives used in construction materials mining away from circuit courts and into the state’s Division of Administrative Hearings (DOAH).
The statutegives DOAH “exclusive jurisdiction” over blasting-related property damage claims. When blasting damage is only a portion of a larger claim, the blasting-related portions must be split off and handled administratively.
In the often arduous process, which commences when claimants seek recompense through that route, there are fee-shifting provisions that can expose homeowners to paying the defending mining company’s legal fees if they lose.
Miami Lakes Council member Steven Herzberg, who is pursuing the case with fellow lawyers Raul Gastesi and Lorenzo Cobiella. Image via Steven Herzberg.
The plaintiffs argue the existing framework violates three provisions of the Florida Constitution: the right of access to courts, the right to trial by jury and separation of powers.
“Constitutional rights should prevail over special interests,” Herzberg said in a statement provided to Florida Politics.
“No other industry in the state has a law like this, nor should any industry have it. If a company’s activity damages someone’s property, the property owner deserves their day in court. That’s basic fairness under our constitutional system.”
The lawsuit contends that property damage from blast mining is a classic common-law tort that has historically been resolved in court and decided by a jury. By forcing those claims into another forum, it says, the Legislature has stripped homeowners of their constitutional right to a jury trial and reassigned core judicial functions to the Executive Branch.
The suit references, among other things, the landmark Florida Supreme Court case Kluger v. White, which held that if the Legislature eliminates or substantially impairs a common-law cause of action, it must provide a reasonable alternative remedy or demonstrate an overpowering public necessity.
The 2003 law does none of these, according to the complaint, which notes that the statute does not create a no-fault compensation system, guarantee recovery, reduce the burden of proof, or provide any defined or scheduled benefit — all while shortening the statute of limitations from four years to 180 days.
Herzberg said the law’s prohibitive nature is evidenced by its limited use. In the 22-plus years it’s been on the books, only 13 claims have been filed statewide under the statute, public records show, despite widespread complaints about blasting damage and ongoing industrial-scale mining.
“A law that goes essentially unused while the harm continues is not a remedy,” he said. “It’s a roadblock masquerading as a solution.”
Friday’s filing comes against the backdrop of years of political and regulatory debate over limestone blasting in northwest Miami-Dade and parts of south Broward County. Residents in communities like Miami Lakes, Doral and Miramar have long complained that quarry explosions rattle their homes, causing visible damage, while mining companies like White Rock Quarries and Cemex maintain that blasting within the current vibration standard of 0.5 inches per second may cause cosmetic cracks, but no structural harm.
Efforts in Tallahassee to lower allowable blast levels near residential areas, led in recent years by Miami Springs Sen. Bryan Ávila and Miami Lakes Rep. Tom Fabricio, have repeatedly stalled.
The Division of State Fire Marshal, meanwhile, has operated a Miami-Dade Construction Mining Pilot Program that monitors blasts using seismographs, but has not changed the statewide limits.
Herzberg is pursuing the case with lawyers Raul Gastesi and Lorenzo Cobiella.
