THE BILL ITSELF
HB 167
Former Phosphate Mining Lands
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An act relating to former phosphate mining lands;
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amending s. 376.308, F.S.; providing conditions for a
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cause of action against certain former phosphate mine
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sites; creating s. 378.213, F.S.; authorizing
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landowners to record certain notice of former
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phosphate mines; specifying requirements for such
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notice; defining the term "former phosphate mine";
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creating s. 404.0561, F.S.; requiring the Department
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of Health to conduct gamma radiation surveys of former
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phosphate land parcels upon petition; creating s.
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768.405, F.S.; requiring that specified documentation
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of radiation levels be submitted in certain civil
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actions related to phosphate mining; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (e) is added to subsection (2) of
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section 376.308, Florida Statutes, to read:
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376.308 Liabilities and defenses of facilities.—
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(2) In addition to the defense described in paragraph
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(1)(c), the only other defenses of a person specified in
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subsection (1) are to plead and prove that the occurrence was
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solely the result of any of the following or any combination of
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the following:
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(e) The condition giving rise to the cause of action is a
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natural geological substance of a former phosphate mine, as
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defined in s. 378.213, for which:
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1. A notice has been recorded in accordance with s.
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378.213(1); and
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2. The Department of Health has conducted a survey under
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s. 404.0561(1).
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Section 2. Section 378.213, Florida Statutes, is created
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to read:
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378.213 Notice of former phosphate mine site.—
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(1) A landowner may record a notice in the official
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records of the county in which the land is located which
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identifies the landowner's property as a former phosphate mine.
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The recorded notice must be in substantially the following form:
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NOTICE
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This property is a former phosphate mine as defined in
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s. 378.213(2), Florida Statutes.
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Such recording serves as notice that the land is a former
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phosphate mine.
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(2) As used in this section, the term "former phosphate
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mine" means an area of land upon which phosphate mining has been
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conducted and which may have been subject to a radiation survey
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in accordance with s. 404.0561 and state reclamation
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requirements of ss. 378.201-378.212, but does not include a
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phosphogypsum stack as defined in s. 403.4154(1)(d).
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Section 3. Section 404.0561, Florida Statutes, is created
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to read:
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404.0561 Survey of former phosphate mining lands.—
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(1) Upon petition by a current landowner, the department
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shall conduct a gamma radiation survey of a former phosphate
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land parcel within 120 days after receipt of the petition to
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determine the radioactivity levels. The survey must document
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gamma radiation exposure measurements and the locations of the
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measurements.
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(2) The department shall provide a copy of the preliminary
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survey results to the petitioner within 30 days after completion
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of the survey. Within 60 days after receipt of the survey, the
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petitioner may request an additional survey based upon any
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reasonable belief that the survey was flawed or not
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representative of conditions on the site. The department shall
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conduct one additional survey within 90 days after receipt of
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the petitioner's request. The additional survey must meet the
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requirements of this section and is deemed final within 90 days
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after completion.
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Section 4. Section 768.405, Florida Statutes, is created
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to read:
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768.405 Documentation of radiation levels.—In any civil
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action based on strict liability under s. 376.313(3), negligence
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or similar conduct related to an alleged discharge of hazardous
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substances or condition of pollution related to phosphate
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mining, including the presence of mining overburden, solid waste
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from the extraction, or beneficiation of phosphate rock from a
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phosphate mine; or any other similar claim related to the mining
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of phosphatic rock or reclamation of a mined area, the plaintiff
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must include a radiation survey of the property with the
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complaint. The survey must be prepared by a person certified as
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either a health physicist by the American Board of Health
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Physics or as a radiation protection technologist by the
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National Registry of Radiation Protection Technologists. The
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survey must be representative and document the measured gamma
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radiation on the property, including background values
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determined in accordance with the Environmental Protection
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Agency's Multi-agency Radiation Survey and Site Investigation
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Manual; the locations of the measurements; the testing
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equipment; the testing methodology used, including the equipment
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calibration date and protocol; and the name of the person
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performing the survey and describe the person's relevant
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training, education, and experience. The survey shall be
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verified under penalty of perjury as provided in s. 92.525.
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Section 5. This act shall take effect July 1, 2026.