Legislation on former phosphate mining lands in next committee

The Senate Environment and Natural Resources Committee unanimously advanced a measure that seeks to limit the liability of owners of former phosphate mining lands if they meet certain requirements.

Zephyrhills Republican Sen. Danny Burgess presented the bill (SB 832). Burgess explained that landowners would be able to go through a new process to record public notice about their lands former use as a mine, as well as have a radiation survey conducted by the Department of Health (DOH).

“Senate Bill 832 is an act related to former phosphate mining lands,” Burgess said. “This bill provides a new process for landowners of former phosphate mines to record a public notice that their land is a former phosphate mine, and to also have a radiation survey conducted by DOH on their land. If they take both of these steps, that landowner can then assert a much needed and incredibly narrow defense provided by this bill against strict liability lawsuits.”

Burgess said the bill is narrow and would require that certain lawsuits include documents from certified health experts to ensure lawsuits regarding public health and safety are based on science.

“The defense created by this bill is centered on transparency and public health assurances,” Burgess said. “It is only against one specific kind of claim, that brings strict liability, or what is otherwise known as automatic liability, and it is only for lands that were once mined for phosphates, which as we all know is a naturally occurring geological feature in the state of Florida.”

One amendment was adopted that Burgess explained was based on public feedback received during the bill’s stop in the Senate Judiciary Committee.

“In the spirit of working through this as we go through the process, based on feedback in the last committee, this amendment does two things to address some concerns that were raised,” Burgess said. “Number one it removes the statement about the necessity of phosphate mining, we received feedback that it was superfluous language, and we decided to take that out. The amendment also makes it clear that when a study takes place, the landowner who requested it is responsible for paying for the study, and this was done to clarify the who pays scenario.”

The bill will now go to the Senate Rules Committee.