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HB 167

$LT GOV-TECH

104th Regular Session Introduced by Chris Welch

Bill HB 167 protects landowners from strict liability for pollution from former phosphate mines, requiring radiation surveys and formal property notices to clarify responsibilities.

Rule 19(b) / Re-referred to Rules Committee
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Bill Summary · HB 167

Summary of Bill HB 167: Former Phosphate Mining Lands

Bill Number: HB 167
Title: Former Phosphate Mining Lands
Status: Now in State Affairs Committee
Introduced: October 14, 2025
Sponsor: McClure
Effective Date: July 1, 2026

Purpose and Intent

Bill HB 167 aims to establish a legal defense against strict liability in lawsuits related to environmental pollution from former phosphate mining sites. The intent is to clarify the responsibilities of landowners and the Department of Health (DOH) regarding pollution claims under the Water Quality Assurance Act (WQAA).

Key Provisions

  1. Strict Liability Defense:

    • The bill provides a defense from strict liability for defendants in lawsuits concerning pollution from former phosphate mines, provided certain conditions are met:
      • The pollution must be due to a natural geological substance from a former phosphate mine.
      • A notice identifying the property as a former phosphate mine must be recorded in the county's official records.
      • A gamma radiation survey conducted by the DOH must be completed.

  2. Definition of Former Phosphate Mine:

    • The bill defines a "former phosphate mine" as land where phosphate mining occurred and which may have undergone radiation surveys and reclamation, excluding phosphogypsum stacks.

  3. Notice Requirement:

    • Landowners can record a notice in county records to identify their property as a former phosphate mine. This serves as formal notification of the land's status.

  4. Gamma Radiation Surveys:

    • The DOH is required to conduct gamma radiation surveys within 120 days of a landowner's request. The results must be provided within 30 days, and landowners can request an additional survey if they believe the initial one was flawed.

  5. Lawsuit Documentation:

    • Plaintiffs in lawsuits related to phosphate mining must include a radiation survey with their complaint. This survey must be conducted by certified professionals and meet specific documentation standards.

Impact

  • Affected Parties:

    • Landowners: May benefit from a defense against strict liability lawsuits, potentially reducing legal risks associated with former phosphate mining properties.
    • Department of Health: May face an indeterminate fiscal impact due to the requirement to conduct radiation surveys.
    • Plaintiffs: May incur additional costs for hiring certified professionals to conduct required radiation surveys as part of their lawsuits.

  • Fiscal Implications:

    • The bill may have an indeterminate negative fiscal impact on the DOH due to the costs associated with conducting radiation surveys. Conversely, it may positively impact landowners by providing legal defenses against liability claims.

Procedural Timeline

  • Legislative Actions:
    • November 5, 2025: Favorable report by the Judiciary Committee; now in State Affairs Committee.
    • October 21, 2025: Referred to Judiciary and State Affairs Committees.
    • October 14, 2025: Bill filed.

This summary provides an overview of HB 167, detailing its purpose, key provisions, and potential impacts on stakeholders involved with former phosphate mining lands in Florida.

Compiled from official sources — confirm details with the bill’s official record.

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