| 20 | | - | former phosphate mines; defining the term "former 7 |
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| 21 | | - | phosphate mine"; creating s. 404.0561, F.S.; requiring 8 |
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| 22 | | - | the Department of Health to conduct surveys of former 9 |
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| 23 | | - | phosphate land parcels upon petition; providing 10 |
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| 24 | | - | conditions and requirements for such surveys; creating 11 |
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| 25 | | - | s. 768.405, F.S.; requiring that specified 12 |
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| 26 | | - | documentation of radiation levels be submitted in 13 |
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| 27 | | - | certain civil actions related to phosphate mining; 14 |
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| 28 | | - | providing an effective date. 15 |
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| 29 | | - | 16 |
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| 30 | | - | Be It Enacted by the Legislature of the State of Florida: 17 |
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| 31 | | - | 18 |
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| 32 | | - | Section 1. Paragraph (e) is added to subsection (2) of 19 |
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| 33 | | - | section 376.308, Florida Statutes, to read: 20 |
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| 34 | | - | 376.308 Liabilities and defenses of facilities. — 21 |
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| 35 | | - | (2) In addition to the defense described in paragraph 22 |
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| 36 | | - | (1)(c), the only other defenses of a person specified in 23 |
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| 37 | | - | subsection (1) are to plead and prove that the occurrence was 24 |
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| 38 | | - | solely the result of any of the following or any combination of 25 |
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| 20 | + | former phosphate mines; creating s. 404.0561, F.S.; 7 |
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| 21 | + | requiring the Department of Health to conduct surveys 8 |
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| 22 | + | of former phosphate land parcels upon petition; 9 |
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| 23 | + | providing conditions and requirements for such 10 |
|---|
| 24 | + | surveys; creating s. 768.405, F.S.; requiring that 11 |
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| 25 | + | specified documentation of radiation levels be 12 |
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| 26 | + | submitted in certain civil actions related to 13 |
|---|
| 27 | + | phosphate mining; providing an effective date. 14 |
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| 28 | + | 15 |
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| 29 | + | Be It Enacted by the Legislature of the State of Florida: 16 |
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| 30 | + | 17 |
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| 31 | + | Section 1. Paragraph (e) is added to subsection (2) of 18 |
|---|
| 32 | + | section 376.308, Florida Statutes, to read: 19 |
|---|
| 33 | + | 376.308 Liabilities and defenses of facilities. — 20 |
|---|
| 34 | + | (2) In addition to the defense described in paragraph 21 |
|---|
| 35 | + | (1)(c), the only other defenses of a person specified in 22 |
|---|
| 36 | + | subsection (1) are to plead and prove that the occurrence was 23 |
|---|
| 37 | + | solely the result of any of the following or any combination of 24 |
|---|
| 38 | + | the following: 25 |
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| 51 | | - | the following: 26 |
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| 52 | | - | (e) The condition giving rise to the cause of action is a 27 |
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| 53 | | - | natural geology substance of a former phosphate mine, as defined 28 |
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| 54 | | - | in s. 378.213(3), for which: 29 |
|---|
| 55 | | - | 1. A notice has been recorded in accordance with s. 30 |
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| 56 | | - | 378.213(2); and 31 |
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| 57 | | - | 2. The Department of Health has conducted a surve y under 32 |
|---|
| 58 | | - | s. 404.0561(1). 33 |
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| 59 | | - | Section 2. Section 378.213, Florida Statutes, is created 34 |
|---|
| 60 | | - | to read: 35 |
|---|
| 61 | | - | 378.213 Notice of former phosphate mine site. — 36 |
|---|
| 62 | | - | (1) The Legislature finds that phosphate mining is an 37 |
|---|
| 63 | | - | essential agricultural activity that is necessary for the food 38 |
|---|
| 64 | | - | security of the nation and this state and that, further, former 39 |
|---|
| 65 | | - | mined lands are a valuable resource. The highest and best use of 40 |
|---|
| 66 | | - | formerly mined lands is in the state's interests. 41 |
|---|
| 67 | | - | (2) A landowner may record a notice in the official 42 |
|---|
| 68 | | - | records of the county which identifies the landowner's property 43 |
|---|
| 69 | | - | as a former phosphate mine. The recorded notice shall be in 44 |
|---|
| 70 | | - | substantially the following form: 45 |
|---|
| 71 | | - | 46 |
|---|
| 72 | | - | NOTICE 47 |
|---|
| 73 | | - | This property is a former phosphate mine as defined in s. 48 |
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| 74 | | - | 378.213(3), Florida Statutes. 49 |
|---|
| 75 | | - | 50 |
|---|
| 51 | + | (e) The condition giving rise to the cause of action is a 26 |
|---|
| 52 | + | natural geology substance of a former phosphate mine for which: 27 |
|---|
| 53 | + | 1. A notice has been recorded in accordance with s. 28 |
|---|
| 54 | + | 378.213(2); and 29 |
|---|
| 55 | + | 2. The Department of Health has conducted a survey under 30 |
|---|
| 56 | + | s. 404.0561(1). 31 |
|---|
| 57 | + | Section 2. Section 378.213, Florida Statutes, is created 32 |
|---|
| 58 | + | to read: 33 |
|---|
| 59 | + | 378.213 Notice of former phosphate mine site. — 34 |
|---|
| 60 | + | (1) The Legislature finds that phosphate mining is an 35 |
|---|
| 61 | + | essential agricultural activity that is necessary for the food 36 |
|---|
| 62 | + | security of the nation and this state and that, further, former 37 |
|---|
| 63 | + | mined lands are a valuable resource. The highest and best use of 38 |
|---|
| 64 | + | formerly mined lands is in the state's interests. 39 |
|---|
| 65 | + | (2) A landowner may record a notice in the official 40 |
|---|
| 66 | + | records of the county which identifies the landowner's property 41 |
|---|
| 67 | + | as a former phosphate mine . The recording shall serve as notice 42 |
|---|
| 68 | + | that the land is a former phosphate mine. 43 |
|---|
| 69 | + | Section 3. Section 404.0561, Florida Statutes, is created 44 |
|---|
| 70 | + | to read: 45 |
|---|
| 71 | + | 404.0561 Monitoring of former phosphate mining lands. — 46 |
|---|
| 72 | + | (1) Upon petition by a current landowner , the department 47 |
|---|
| 73 | + | shall conduct a gamma radiation survey of a former phosphate 48 |
|---|
| 74 | + | land parcel within 120 days to determine the radioactivity 49 |
|---|
| 75 | + | levels. The survey must document gamma radiation exposure 50 |
|---|
| 88 | | - | Such recording shall serve as notice that the land is a former 51 |
|---|
| 89 | | - | phosphate mine. 52 |
|---|
| 90 | | - | (3) As used in this section, the term "former phosphate 53 |
|---|
| 91 | | - | mine" means an area of land upon which phosphate mining has been 54 |
|---|
| 92 | | - | conducted and which may have been subject to a radiation survey 55 |
|---|
| 93 | | - | in accordance with s. 404.0561 and state reclamation 56 |
|---|
| 94 | | - | requirements of ss. 378.201 -378.212, but does not include a 57 |
|---|
| 95 | | - | phosphogypsum stack as defined in s. 403.4154(1). 58 |
|---|
| 96 | | - | Section 3. Section 404.0561, Florida Statutes, is created 59 |
|---|
| 97 | | - | to read: 60 |
|---|
| 98 | | - | 404.0561 Monitoring of fo rmer phosphate mining lands. — 61 |
|---|
| 99 | | - | (1) Upon petition by a current landowner, the department 62 |
|---|
| 100 | | - | shall conduct a gamma radiation survey of a former phosphate 63 |
|---|
| 101 | | - | land parcel within 120 days to determine the radioactivity 64 |
|---|
| 102 | | - | levels. The survey must document gamma radiatio n exposure 65 |
|---|
| 103 | | - | measurements and the locations of the measurements. Gamma 66 |
|---|
| 104 | | - | radiation measurements must be taken at the density of one per 67 |
|---|
| 105 | | - | site or one per acre of land, whichever is greater. 68 |
|---|
| 106 | | - | (2) The department shall provide a copy of the preliminary 69 |
|---|
| 107 | | - | survey results to the petitioner within 30 days after completion 70 |
|---|
| 108 | | - | of the survey. Within 60 days after receipt of the survey, the 71 |
|---|
| 109 | | - | petitioner may request an additional survey based upon any 72 |
|---|
| 110 | | - | reasonable belief that the survey was flawed or not 73 |
|---|
| 111 | | - | representative of conditions on the site. The department shall 74 |
|---|
| 112 | | - | conduct one additional survey within 90 days after receipt of 75 |
|---|
| 88 | + | measurements and the locations of the measurements. Gamma 51 |
|---|
| 89 | + | radiation measurements must be taken at the density of one per 52 |
|---|
| 90 | + | site or one per acre of land, whichever is greater. 53 |
|---|
| 91 | + | (2) The department shall provide a copy of the preliminary 54 |
|---|
| 92 | + | survey results to the petitioner within 30 days after completion 55 |
|---|
| 93 | + | of the survey. Within 60 days after receipt of the survey, the 56 |
|---|
| 94 | + | petitioner may request an additional survey based upon any 57 |
|---|
| 95 | + | reasonable belief that the survey was flawed or not 58 |
|---|
| 96 | + | representative of conditions on the site. The department shall 59 |
|---|
| 97 | + | conduct one additional survey within 9 0 days after receipt of 60 |
|---|
| 98 | + | the petitioner's request. The additional survey must meet the 61 |
|---|
| 99 | + | requirements of this section and is deemed final within 90 days 62 |
|---|
| 100 | + | after completion. 63 |
|---|
| 101 | + | Section 4. Section 768.405, Florida Statutes, is created 64 |
|---|
| 102 | + | to read: 65 |
|---|
| 103 | + | 768.405 Documentation of radiation levels. —In any civil 66 |
|---|
| 104 | + | action based on strict liability under s. 376.313(3), 67 |
|---|
| 105 | + | negligence, or similar conduct related to an alleged discharge 68 |
|---|
| 106 | + | of hazardous substances or condition of pollution related to 69 |
|---|
| 107 | + | phosphate mining, including the presen ce of mining overburden, 70 |
|---|
| 108 | + | solid waste from the extraction, or beneficiation of phosphate 71 |
|---|
| 109 | + | rock from a phosphate mine; or any other similar claim related 72 |
|---|
| 110 | + | to the mining of phosphatic rock or reclamation of a mined area, 73 |
|---|
| 111 | + | the plaintiff must include a radiation s urvey of the property 74 |
|---|
| 112 | + | with the complaint. The survey must be prepared by a person 75 |
|---|
| 125 | | - | the petitioner's request. The additional survey must meet the 76 |
|---|
| 126 | | - | requirements of this section and is deemed final within 90 days 77 |
|---|
| 127 | | - | after completion. 78 |
|---|
| 128 | | - | Section 4. Section 768.405, Florida Statutes, is created 79 |
|---|
| 129 | | - | to read: 80 |
|---|
| 130 | | - | 768.405 Documentation of radiation levels. —In any civil 81 |
|---|
| 131 | | - | action based on strict liability under s. 376.313(3), 82 |
|---|
| 132 | | - | negligence, or similar conduct related to an alleged discharge 83 |
|---|
| 133 | | - | of hazardous substances or condition of pollution related to 84 |
|---|
| 134 | | - | phosphate mining, including the presence of mining overburden, 85 |
|---|
| 135 | | - | solid waste from the extraction, or beneficiation of phosphate 86 |
|---|
| 136 | | - | rock from a phosphate mine; or any other similar claim related 87 |
|---|
| 137 | | - | to the mining of phosphatic rock or reclamation of a mined area, 88 |
|---|
| 138 | | - | the plaintiff must include a radiation survey of the property 89 |
|---|
| 139 | | - | with the complaint. The survey must be prepared by a person 90 |
|---|
| 140 | | - | certified as either a health physicist by the American Board of 91 |
|---|
| 141 | | - | Health Physics or as a radiation prot ection technologist by the 92 |
|---|
| 142 | | - | National Registry of Radiation Protection Technologists. The 93 |
|---|
| 143 | | - | survey must be representative and document the measured gamma 94 |
|---|
| 144 | | - | radiation on the property, including background values 95 |
|---|
| 145 | | - | determined in accordance with the Environmental Pro tection 96 |
|---|
| 146 | | - | Agency's Multi-agency Radiation Survey and Site Investigation 97 |
|---|
| 147 | | - | Manual; the locations of the measurements; the testing 98 |
|---|
| 148 | | - | equipment; testing methodology used, including the equipment 99 |
|---|
| 149 | | - | calibration date and protocol; and the name of the person 100 |
|---|
| 150 | | - | |
|---|
| 151 | | - | CS/HB 585 2025 |
|---|
| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | |
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| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 156 | | - | hb585-01-c1 |
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| 157 | | - | Page 5 of 5 |
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| 158 | | - | 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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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | performing the survey and describe the person's relevant 101 |
|---|
| 163 | | - | training, education, and experience. The survey shall be 102 |
|---|
| 164 | | - | verified under penalty of perjury as provided in s. 92.525. 103 |
|---|
| 165 | | - | Section 5. This act shall take effect July 1, 2025. 104 |
|---|
| 125 | + | certified as either a health physicist by the American Board of 76 |
|---|
| 126 | + | Health Physics or as a radiation protection technologist by the 77 |
|---|
| 127 | + | National Registry of Radiation Protection Tech nologists. The 78 |
|---|
| 128 | + | survey must be representative and document the measured gamma 79 |
|---|
| 129 | + | radiation on the property, including background values 80 |
|---|
| 130 | + | determined in accordance with the Environmental Protection 81 |
|---|
| 131 | + | Agency's Multi-agency Radiation Survey and Site Investigation 82 |
|---|
| 132 | + | Manual; the locations of the measurements; the testing 83 |
|---|
| 133 | + | equipment; testing methodology used, including the equipment 84 |
|---|
| 134 | + | calibration date and protocol; and the name of the person 85 |
|---|
| 135 | + | performing the survey and describe the person's relevant 86 |
|---|
| 136 | + | training, education, and exp erience. The survey shall be 87 |
|---|
| 137 | + | verified under penalty of perjury as provided in s. 92.525. 88 |
|---|
| 138 | + | Section 5. This act shall take effect July 1, 2025. 89 |
|---|