Florida Senate - 2025                       CS for CS for SB 832
       
       
        
       By the Committees on Environment and Natural Resources; and
       Judiciary; and Senator Burgess
       
       
       
       
       592-02834-25                                           2025832c2
    1                        A bill to be entitled                      
    2         An act relating to former phosphate mining lands;
    3         amending s. 376.308, F.S.; providing conditions for a
    4         cause of action against certain former phosphate mine
    5         sites; creating s. 378.213, F.S.; authorizing
    6         landowners to record certain notice of former
    7         phosphate mines; specifying requirements for such
    8         notice; defining the term “former phosphate mine”;
    9         creating s. 404.0561, F.S.; requiring the Department
   10         of Health to conduct gamma radiation surveys of former
   11         phosphate land parcels upon petition; providing
   12         conditions and requirements for such surveys;
   13         specifying that petitioners bear the cost of surveys;
   14         creating s. 768.405, F.S.; requiring that specified
   15         documentation of radiation levels be submitted in
   16         certain civil actions related to phosphate mining;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (e) is added to subsection (2) of
   22  section 376.308, Florida Statutes, to read:
   23         376.308 Liabilities and defenses of facilities.—
   24         (2) In addition to the defense described in paragraph
   25  (1)(c), the only other defenses of a person specified in
   26  subsection (1) are to plead and prove that the occurrence was
   27  solely the result of any of the following or any combination of
   28  the following:
   29         (e)The condition giving rise to the cause of action is a
   30  natural geological substance of a former phosphate mine, as
   31  defined in s. 378.213, for which:
   32         1. A notice has been recorded in accordance with s.
   33  378.213(2); and
   34         2. The Department of Health has conducted a survey under s.
   35  404.0561(1).
   36         Section 2. Section 378.213, Florida Statutes, is created to
   37  read:
   38         378.213 Notice of former phosphate mine site.—
   39         (1)A landowner may record a notice in the official records
   40  of the county in which the land is located which identifies the
   41  landowner’s property as a former phosphate mine. The recorded
   42  notice must be in substantially the following form:
   43  
   44                               NOTICE                              
   45         This property is a former phosphate mine as defined in
   46         s. 378.213(2), Florida Statutes.
   47  
   48  Such recording serves as notice that the land is a former
   49  phosphate mine.
   50         (2) As used in this section, the term “former phosphate
   51  mine” means an area of land upon which phosphate mining has been
   52  conducted and which may have been subject to a radiation survey
   53  in accordance with s. 404.0561 and state reclamation
   54  requirements of ss. 378.201-378.212, but does not include a
   55  phosphogypsum stack as defined in s. 403.4154(1)(d).
   56         Section 3. Section 404.0561, Florida Statutes, is created
   57  to read:
   58         404.0561Survey of former phosphate mining lands.—
   59         (1)Upon petition by a current landowner, the department
   60  shall conduct a gamma radiation survey of a former phosphate
   61  land parcel within 120 days after receipt of the petition to
   62  determine the radioactivity levels. The survey must document
   63  gamma radiation exposure measurements and the locations of the
   64  measurements. Gamma radiation measurements must be taken at the
   65  density of one per site or one per acre of land, whichever is
   66  greater.
   67         (2)The department shall provide a copy of the preliminary
   68  survey results to the petitioner within 30 days after completion
   69  of the survey. Within 60 days after receipt of the survey, the
   70  petitioner may request an additional survey based upon any
   71  reasonable belief that the survey was flawed or not
   72  representative of conditions on the site. The department shall
   73  conduct one additional survey within 90 days after receipt of
   74  the petitioner’s request. The additional survey must meet the
   75  requirements of this section and is deemed final within 90 days
   76  after completion.
   77         (3)A petitioner requesting a survey pursuant to this
   78  section is responsible for the cost of the survey conducted by
   79  the department.
   80         Section 4. Section 768.405, Florida Statutes, is created to
   81  read:
   82         768.405Documentation of radiation levels.—In any civil
   83  action based on strict liability under s. 376.313(3), negligence
   84  or similar conduct related to an alleged discharge of hazardous
   85  substances or condition of pollution related to phosphate
   86  mining, including the presence of mining overburden, solid waste
   87  from the extraction, or beneficiation of phosphate rock from a
   88  phosphate mine; or any other similar claim related to the mining
   89  of phosphatic rock or reclamation of a mined area, the plaintiff
   90  must include a radiation survey of the property with the
   91  complaint. The survey must be prepared by a person certified as
   92  either a health physicist by the American Board of Health
   93  Physics or as a radiation protection technologist by the
   94  National Registry of Radiation Protection Technologists. The
   95  survey must be representative and document the measured gamma
   96  radiation on the property, including background values
   97  determined in accordance with the Environmental Protection
   98  Agency’s Multi-agency Radiation Survey and Site Investigation
   99  Manual; the locations of the measurements; the testing
  100  equipment; the testing methodology used, including the equipment
  101  calibration date and protocol; and the name of the person
  102  performing the survey and describe the person’s relevant
  103  training, education, and experience. The survey shall be
  104  verified under penalty of perjury as provided in s. 92.525.
  105         Section 5. This act shall take effect July 1, 2025.