State Affairs Committee backs bill limiting strict liability for former phosphate lands, 18-7

Tallahassee — The Florida House State Affairs Committee on Monday voted 18-7 to report House Bill 167 favorably, a measure that would allow landowners of previously mined phosphate sites to remove strict liability if they record a notice with the county and petition the Florida Department of Health for a survey of gross alpha and other radioactive contaminants.

Representative Harrison McClure, the bill’s sponsor, told the committee the measure is "really a very simple bill" that conditions removal of strict liability on two steps: county notice and a DOH survey; he said the survey results would be uploaded to a public database. "This bill simply brings parity. It provides more information, and through that, we can actually handle the problem to the extent there is one," McClure said in closing remarks.

Why it matters: The bill addresses liability for large tracts of former phosphate-mined land — McClure told members there are roughly 100,000 acres with assumed liabilities — and shifts the regime from automatic strict liability toward a voluntary, data-driven process for landowners who seek liability relief.

Committee debate focused on several recurring issues. Representative Cross asked where DOH survey results would go and whether remediation would follow; McClure said the Department of Health would conduct surveys and report results to a public database, and that federal and state regulatory frameworks on contamination would remain in place. Cross and others pressed whether subsequent property buyers, renters and construction workers would reliably learn about recorded notices; McClure said the notices would be recorded with the parcel and discoverable in title searches and by routine environmental due diligence, such as phase I assessments required when securing financing for large transactions.

Opponents raised consumer-protection concerns. Representative Nixon said she would vote no and recounted growing up in a Jacksonville neighborhood affected by contamination, urging more immediate protections for working families and renters. "We as lawmakers ... should be looking out for working families," Nixon said. Representative Gantt expressed skepticism about removing strict liability given scientific uncertainty and asked why the compelling state interest that justified strict liability should be changed.

On litigation and timing, McClure told the committee the bill would not apply retroactively to pending lawsuits. He also said the surveys contemplated by the bill would typically be paid by the petitioner landowner when seeking liability relief, and by plaintiffs when they bring new litigation that relies on surveys to substantiate claims.

Public testimony was limited to appearance cards; representatives of the Florida Chamber of Commerce and Associated Industries of Florida waived in support. Representative Duggan and other proponents emphasized that recording a notice creates an encumbrance visible in title and title-insurance searches, which they said effectively informs future purchasers.

The roll call read by the clerk recorded 18 ayes and 7 nays. Members voting yes included Busabe, Blanco, Botana, Boyce, Chaney, Cobb, Duggan, Gentry, Delimbardo, Gonzales Pittman, Holcomb, Jacques, Maggard, McFarland, Mooney, Owen, Weinberger and Chair Robinson; members voting no included Cross, Escamani, Gant, Nixon, Spencer, Hendrich and Young. The committee chair directed that the bill be reported favorably to the next stage.

What’s next: The committee reported HB 167 favorably; the bill will proceed to further consideration per the House calendar. The committee did not adopt amendments on the floor today, and committee members signaled that future legislation could consider stronger disclosure requirements for buyers and renters.