HILLSBOROUGH COUNTY, Fla. — A bill in Tallahassee could have a major impact on liability for redevelopers of old phosphate mines. The legislation is the first bill to pass the House this session, and it would make it easier to toss lawsuits over potential radiation exposure.
HB167 gives landowners of old phosphate mines legal protections against “strict liability” claims if they file a notice it was a former mine and get testing of current radiation exposure. It also requires future homeowners who may wish to sue to get their own radiation survey before they can file a suit for negligence, which is when parties are not only the cause of harm but are also knowingly careless.
“Florida is a buyer-beware state,” bill sponsor Rep. Lawrence McClure (R-Hillsborough) said. “So it is incumbent upon the purchaser in normal real estate transactions to do their due diligence.”…