Florida Lawmakers Send Bill Shielding Phosphate Miners from Radiation Suits to DeSantis

The Florida Legislature has sent to the governor a bill that would make it significantly harder for property owners to sue phosphate mining companies over radiation found at former mine sites — a change that could affect residents and landowners across the state, including the Treasure Coast.

Under HB 167, a property owner suing a phosphate miner such as Mosaic would be required to attach a certified radiation survey to their complaint before the case can proceed. That survey must be conducted by a certified health physicist or radiation protection technologist, a requirement that could add substantial upfront costs for plaintiffs.

The Senate passed the measure 32-4, with all four "no" votes cast by Democratic senators. The House cleared the bill in mid-January on an 87-24 vote, with all dissenting votes coming from Democrats. No senators spoke in favor of or against the bill during floor debate.

The legislation establishes a defense from strict liability in lawsuits tied to the presence of naturally occurring radioactive substances at former phosphate mine sites. A mining company can invoke that defense if it disclosed the site's history as a former mine and if the Florida Department of Health conducted a radiation survey at the landowner's request.

Phosphate rock naturally contains small amounts of uranium and radium, which break down into radon — a radioactive gas that can accumulate in buildings constructed on former mine land. Phosphate mining is conducted primarily in Hardee, Hillsborough, Manatee and Polk counties, a region known as "Bone Valley," though former mine sites and phosphate-bearing geology extend more broadly across the state.

Florida accounts for more than 60 percent of U.S. phosphate production, making it the largest known domestic source. Phosphate mining ranks as the fifth-largest mining industry in the state.

This is the third time the Legislature has advanced such a measure after two previous attempts failed. The bill now awaits action by the governor.

This article was generated with AI assistance using publicly available information. It was reviewed and approved by a human editor before publication. TC Sentinel uses AI writing tools in accordance with FTC guidelines.