CS/HB 585 2025
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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
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; defining the term "former 7
phosphate mine"; creating s. 404.0561, F.S.; requiring 8
the Department of Health to conduct surveys of former 9
phosphate land parcels upon petition; providing 10
conditions and requirements for such surveys; creating 11
s. 768.405, F.S.; requiring that specified 12
documentation of radiation levels be submitted in 13
certain civil actions related to phosphate mining; 14
providing an effective date. 15
16
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
CS/HB 585 2025
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the following: 26
(e) The condition giving rise to the cause of action is a 27
natural geology substance of a former phosphate mine, as defined 28
in s. 378.213(3), for which: 29
1. A notice has been recorded in accordance with s. 30
378.213(2); and 31
2. The Department of Health has conducted a surve y 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) The Legislature finds that phosphate mining is an 37
essential agricultural activity that is necessary for the food 38
security of the nation and this state and that, further, former 39
mined lands are a valuable resource. The highest and best use of 40
formerly mined lands is in the state's interests. 41
(2) A landowner may record a notice in the official 42
records of the county which identifies the landowner's property 43
as a former phosphate mine. The recorded notice shall be in 44
substantially the following form: 45
46
NOTICE 47
This property is a former phosphate mine as defined in s. 48
378.213(3), Florida Statutes. 49
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Such recording shall serve as notice that the land is a former 51
phosphate mine. 52
(3) As used in this section, the term "former phosphate 53
mine" means an area of land upon which phosphate mining has been 54
conducted and which may have been subject to a radiation survey 55
in accordance with s. 404.0561 and state reclamation 56
requirements of ss. 378.201 -378.212, but does not include a 57
phosphogypsum stack as defined in s. 403.4154(1). 58
Section 3. Section 404.0561, Florida Statutes, is created 59
to read: 60
404.0561 Monitoring of fo rmer phosphate mining lands. — 61
(1) Upon petition by a current landowner, the department 62
shall conduct a gamma radiation survey of a former phosphate 63
land parcel within 120 days to determine the radioactivity 64
levels. The survey must document gamma radiatio n exposure 65
measurements and the locations of the measurements. Gamma 66
radiation measurements must be taken at the density of one per 67
site or one per acre of land, whichever is greater. 68
(2) The department shall provide a copy of the preliminary 69
survey results to the petitioner within 30 days after completion 70
of the survey. Within 60 days after receipt of the survey, the 71
petitioner may request an additional survey based upon any 72
reasonable belief that the survey was flawed or not 73
representative of conditions on the site. The department shall 74
conduct one additional survey within 90 days after receipt of 75
CS/HB 585 2025
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the petitioner's request. The additional survey must meet the 76
requirements of this section and is deemed final within 90 days 77
after completion. 78
Section 4. Section 768.405, Florida Statutes, is created 79
to read: 80
768.405 Documentation of radiation levels. —In any civil 81
action based on strict liability under s. 376.313(3), 82
negligence, or similar conduct related to an alleged discharge 83
of hazardous substances or condition of pollution related to 84
phosphate mining, including the presence of mining overburden, 85
solid waste from the extraction, or beneficiation of phosphate 86
rock from a phosphate mine; or any other similar claim related 87
to the mining of phosphatic rock or reclamation of a mined area, 88
the plaintiff must include a radiation survey of the property 89
with the complaint. The survey must be prepared by a person 90
certified as either a health physicist by the American Board of 91
Health Physics or as a radiation prot ection technologist by the 92
National Registry of Radiation Protection Technologists. The 93
survey must be representative and document the measured gamma 94
radiation on the property, including background values 95
determined in accordance with the Environmental Pro tection 96
Agency's Multi-agency Radiation Survey and Site Investigation 97
Manual; the locations of the measurements; the testing 98
equipment; testing methodology used, including the equipment 99
calibration date and protocol; and the name of the person 100
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performing the survey and describe the person's relevant 101
training, education, and experience. The survey shall be 102
verified under penalty of perjury as provided in s. 92.525. 103
Section 5. This act shall take effect July 1, 2025. 104