HB 585 2025
CODING: Words stricken are deletions; words underlined are additions.
hb585-00
Page 1 of 4
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
A bill to be entitled 1
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.; providing 5
legislative findings; providing for certain notice of 6
former phosphate mines; creating s. 404.0561, F.S.; 7
requiring the Department of Health to conduct surveys 8
of former phosphate land parcels upon petition; 9
providing conditions and requirements for such 10
surveys; creating s. 768.405, F.S.; requiring that 11
specified documentation of radiation levels be 12
submitted in certain civil actions related to 13
phosphate mining; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Paragraph (e) is added to subsection (2) of 18
section 376.308, Florida Statutes, to read: 19
376.308 Liabilities and defenses of facilities. — 20
(2) In addition to the defense described in paragraph 21
(1)(c), the only other defenses of a person specified in 22
subsection (1) are to plead and prove that the occurrence was 23
solely the result of any of the following or any combination of 24
the following: 25
HB 585 2025
CODING: Words stricken are deletions; words underlined are additions.
hb585-00
Page 2 of 4
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
(e) The condition giving rise to the cause of action is a 26
natural geology substance of a former phosphate mine for which: 27
1. A notice has been recorded in accordance with s. 28
378.213(2); and 29
2. The Department of Health has conducted a survey under 30
s. 404.0561(1). 31
Section 2. Section 378.213, Florida Statutes, is created 32
to read: 33
378.213 Notice of former phosphate mine site. — 34
(1) The Legislature finds that phosphate mining is an 35
essential agricultural activity that is necessary for the food 36
security of the nation and this state and that, further, former 37
mined lands are a valuable resource. The highest and best use of 38
formerly mined lands is in the state's interests. 39
(2) A landowner may record a notice in the official 40
records of the county which identifies the landowner's property 41
as a former phosphate mine . The recording shall serve as notice 42
that the land is a former phosphate mine. 43
Section 3. Section 404.0561, Florida Statutes, is created 44
to read: 45
404.0561 Monitoring of former phosphate mining lands. — 46
(1) Upon petition by a current landowner , the department 47
shall conduct a gamma radiation survey of a former phosphate 48
land parcel within 120 days to determine the radioactivity 49
levels. The survey must document gamma radiation exposure 50
HB 585 2025
CODING: Words stricken are deletions; words underlined are additions.
hb585-00
Page 3 of 4
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
measurements and the locations of the measurements. Gamma 51
radiation measurements must be taken at the density of one per 52
site or one per acre of land, whichever is greater. 53
(2) The department shall provide a copy of the preliminary 54
survey results to the petitioner within 30 days after completion 55
of the survey. Within 60 days after receipt of the survey, the 56
petitioner may request an additional survey based upon any 57
reasonable belief that the survey was flawed or not 58
representative of conditions on the site. The department shall 59
conduct one additional survey within 9 0 days after receipt of 60
the petitioner's request. The additional survey must meet the 61
requirements of this section and is deemed final within 90 days 62
after completion. 63
Section 4. Section 768.405, Florida Statutes, is created 64
to read: 65
768.405 Documentation of radiation levels. —In any civil 66
action based on strict liability under s. 376.313(3), 67
negligence, or similar conduct related to an alleged discharge 68
of hazardous substances or condition of pollution related to 69
phosphate mining, including the presen ce of mining overburden, 70
solid waste from the extraction, or beneficiation of phosphate 71
rock from a phosphate mine; or any other similar claim related 72
to the mining of phosphatic rock or reclamation of a mined area, 73
the plaintiff must include a radiation s urvey of the property 74
with the complaint. The survey must be prepared by a person 75
HB 585 2025
CODING: Words stricken are deletions; words underlined are additions.
hb585-00
Page 4 of 4
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
certified as either a health physicist by the American Board of 76
Health Physics or as a radiation protection technologist by the 77
National Registry of Radiation Protection Tech nologists. The 78
survey must be representative and document the measured gamma 79
radiation on the property, including background values 80
determined in accordance with the Environmental Protection 81
Agency's Multi-agency Radiation Survey and Site Investigation 82
Manual; the locations of the measurements; the testing 83
equipment; testing methodology used, including the equipment 84
calibration date and protocol; and the name of the person 85
performing the survey and describe the person's relevant 86
training, education, and exp erience. The survey shall be 87
verified under penalty of perjury as provided in s. 92.525. 88
Section 5. This act shall take effect July 1, 2025. 89