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: 58 404.0561 Survey 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: 82 768.405 Documentation 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.