Florida HB 167: Former Phosphate Mining Lands

Bill Text

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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An act relating to former phosphate mining lands; 2
amending s. 376.308, F.S.; providing conditions for a 3
cause of action against certain former phosphate mine 4
sites; creating s. 378.213, F.S.; authorizing 5
landowners to record certain notice of former 6
phosphate mines; specifying requirements for such 7
notice; defining the term "former phosphate mine"; 8
creating s. 404.0561, F.S.; requiring the Department 9
of Health to conduct gamma radiation surveys of former 10
phosphate land parcels upon petition; creating s. 11
768.405, F.S.; requiring that specified documentation 12
of radiation levels be submitted in certain civil 13
actions related to phosphate mining; providing an 14
effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Paragraph (e) is added to subsection (2) of 19
section 376.308, Florida Statutes, to read: 20
376.308 Liabilities and defenses of facilities.— 21
(2) In addition to the defense described in paragraph 22
(1)(c), the only other defenses of a person specified in 23
subsection (1) are to plead and prove that the occurrence was 24
solely the result of any of the following or any combination of 25

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HB 167 2026 Legislature

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

the following: 26
(e) The condition giving rise to the cause of action is a 27
natural geological substance of a former phosphate mine, as 28
defined in s. 378.213, for which: 29
1. A notice has been recorded in accordance with s. 30
378.213(1); and 31
2. The Department of Health has conducted a survey under 32
s. 404.0561(1). 33
Section 2. Section 378.213, Florida Statutes, is created 34
to read: 35
378.213 Notice of former phosphate mine site.— 36
(1) A landowner may record a notice in the official 37
records of the county in which the land is located which 38
identifies the landowner's property as a former phosphate mine. 39
The recorded notice must be in substantially the following form: 40
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NOTICE 42
This property is a former phosphate mine as defined in 43
s. 378.213(2), Florida Statutes. 44
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Such recording serves as notice that the land is a former 46
phosphate mine. 47
(2) As used in this section, the term "former phosphate 48
mine" means an area of land upon which phosphate mining has been 49
conducted and which may have been subject to a radiation survey 50

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in accordance with s. 404.0561 and state reclamation 51
requirements of ss. 378.201-378.212, but does not include a 52
phosphogypsum stack as defined in s. 403.4154(1)(d). 53
Section 3. Section 404.0561, Florida Statutes, is created 54
to read: 55
404.0561 Survey of former phosphate mining lands.— 56
(1) Upon petition by a current landowner, the department 57
shall conduct a gamma radiation survey of a former phosphate 58
land parcel within 120 days after receipt of the petition to 59
determine the radioactivity levels. The survey must document 60
gamma radiation exposure measurements and the locations of the 61
measurements. 62
(2) The department shall provide a copy of the preliminary 63
survey results to the petitioner within 30 days after completion 64
of the survey. Within 60 days after receipt of the survey, the 65
petitioner may request an additional survey based upon any 66
reasonable belief that the survey was flawed or not 67
representative of conditions on the site. The department shall 68
conduct one additional survey within 90 days after receipt of 69
the petitioner's request. The additional survey must meet the 70
requirements of this section and is deemed final within 90 days 71
after completion. 72
Section 4. Section 768.405, Florida Statutes, is created 73
to read: 74
768.405 Documentation of radiation levels.—In any civil 75

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action based on strict liability under s. 376.313(3), negligence 76
or similar conduct related to an alleged discharge of hazardous 77
substances or condition of pollution related to phosphate 78
mining, including the presence of mining overburden, solid waste 79
from the extraction, or beneficiation of phosphate rock from a 80
phosphate mine; or any other similar claim related to the mining 81
of phosphatic rock or reclamation of a mined area, the plaintiff 82
must include a radiation survey of the property with the 83
complaint. The survey must be prepared by a person certified as 84
either a he