Former Phosphate Mining Lands

Not codified in the Florida Statutes.

Paragraph (e) is added to subsection (2) of section 376.308, Florida Statutes, to read:

376.308 Liabilities and defenses of facilities.—

(2) In addition to the defense described in paragraph (1)(c), the only other defenses of a person specified in subsection (1) are to plead and prove that the occurrence was solely the result of any of the following or any combination of the following:

(e) The condition giving rise to the cause of action is a natural geological substance of a former phosphate mine, as defined in s. 378.213, for which:

1. A notice has been recorded in accordance with s. 378.213(1); and

2. The Department of Health has conducted a survey under s. 404.0561(1).

New section — not in current law.

378.213 Notice of former phosphate mine site.—

(1) A landowner may record a notice in the official records of the county in which the land is located which identifies the landowner's property as a former phosphate mine. The recorded notice must be in substantially the following form:

NOTICE This property is a former phosphate mine as defined in s. 378.213(2), Florida Statutes.

Such recording serves as notice that the land is a former phosphate mine.

(2) As used in this section, the term "former phosphate mine" means an area of land upon which phosphate mining has been conducted and which may have been subject to a radiation survey in accordance with s. 404.0561 and state reclamation requirements of ss. 378.201-378.212, but does not include a phosphogypsum stack as defined in s. 403.4154(1)(d).