Bill Text: FL S0358 | 2016 | Regular Session | Introduced
Bill Title: Hydraulic Fracturing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Environmental Preservation and Conservation [S0358 Detail]
Download: Florida-2016-S0358-Introduced.html
Florida Senate - 2016 SJR 358 By Senator Ring 29-00358-16 2016358__ 1 Senate Joint Resolution 2 A joint resolution proposing the creation of Section 3 29 of Article X of the State Constitution to prohibit 4 hydraulic fracturing in this state. 5 6 Be It Resolved by the Legislature of the State of Florida: 7 8 That the following creation of Section 29 of Article X of 9 the State Constitution is agreed to and shall be submitted to 10 the electors of this state for approval or rejection at the next 11 general election or at an earlier special election specifically 12 authorized by law for that purpose: 13 14 ARTICLE X 15 MISCELLANEOUS 16 SECTION 29. Hydraulic fracturing.— 17 (a) DEFINITION.—As used in this section, the term 18 “hydraulic fracturing” means any process that expands existing 19 fractures or creates new fractures in a rock formation by 20 injecting fluids into or underneath the surface of the rock 21 formation for the purpose of exploring for or producing oil or 22 natural gas resources. 23 (b) PROHIBITION.—Hydraulic fracturing is prohibited in the 24 State of Florida. 25 (c) ENFORCEMENT.—A person aggrieved by a violation of this 26 section may bring a civil action in a court of competent 27 jurisdiction. The state attorney general may bring a civil 28 action to enforce this section. Upon prevailing, a person 29 brining the action shall be awarded reasonable attorney fees and 30 costs. An action to enforce this section is subject to a statute 31 of limitations of four years. 32 (d) PENALTY.—A person who violates this section is subject 33 to a fine payable to the state in the amount of $10,000 for each 34 violation. Each day a violation continues constitutes a separate 35 violation. 36 (e) LIABILITY.—A person who violates this section is liable 37 for any damage caused to the air, waters, or real property, 38 including animal, plant, or aquatic life, and for reasonable 39 costs and expenses in tracing the source of the discharge, in 40 controlling and abating the source and the pollutants, and in 41 restoring the air, waters, and real property, including animal, 42 plant, and aquatic life. 43 (f) IMPLEMENTATION.—Implementing legislation is not 44 required in order to enforce this amendment. 45 BE IT FURTHER RESOLVED that the following statement be 46 placed on the ballot: 47 CONSTITUTIONAL AMENDMENT 48 ARTICLE X, SECTION 29 49 PROHIBITION OF HYDRAULIC FRACTURING IN THE STATE OF 50 FLORIDA.—Proposing an amendment to the State Constitution to 51 prohibit the practice of hydraulic fracturing in the State of 52 Florida; providing a cause of action; providing a penalty for 53 each violation and liability for damages an expenses.