Bill Text: FL S0722 | 2021 | Regular Session | Introduced


Bill Title: Everglades Protection Area

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-04-30 - Died in Environment and Natural Resources [S0722 Detail]

Download: Florida-2021-S0722-Introduced.html
       Florida Senate - 2021                                     SB 722
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01018-21                                            2021722__
    1                        A bill to be entitled                      
    2         An act relating to the Everglades Protection Area;
    3         amending s. 377.24, F.S.; prohibiting the Department
    4         of Environmental Protection from granting permits for
    5         the drilling of wells for oil or gas within the
    6         Everglades Protection Area; amending s. 377.242, F.S.;
    7         prohibiting the department from issuing permits for or
    8         constructing structures intended for the drilling for,
    9         or production of, oil, gas, or other petroleum
   10         products within the Everglades Protection Area;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (5), (6), (7), and (9) of section
   16  377.24, Florida Statutes, are amended, and subsection (10) is
   17  added to that section, to read:
   18         377.24 Notice of intention to drill well; permits;
   19  abandoned wells and dry holes.—
   20         (5) A No permit to drill a gas or oil well may not shall be
   21  granted within the corporate limits of any municipality, unless
   22  the governing authority of the municipality shall have first
   23  duly approved the application for such permit by resolution.
   24         (6) A No permit to drill a gas or oil well may not shall be
   25  granted at a location in the tidal waters of the state, abutting
   26  or immediately adjacent to the corporate limits of a
   27  municipality or within 3 miles of such corporate limits
   28  extending from the line of mean high tide into such waters,
   29  unless the governing authority of the municipality shall have
   30  first duly approved the application for such permit by
   31  resolution.
   32         (7) A No permit to drill a gas or oil well may not shall be
   33  granted on any improved beach, located outside of an
   34  incorporated town or municipality, or at a location in the tidal
   35  waters of the state abutting or immediately adjacent to an
   36  improved beach, or within 3 miles of an improved beach extending
   37  from the line of mean high tide into such tidal waters, unless
   38  the county commissioners of the county in which such beach is
   39  located shall have first duly approved the application for such
   40  permit by resolution.
   41         (9) Without exception, after July 1, 1989, a no permit to
   42  drill a well in search of oil or gas may not shall be granted
   43  south of 26°00′00″ north latitude off Florida’s west coast and
   44  south of 27°00′00″ north latitude off Florida’s east coast,
   45  within the boundaries of Florida’s territorial seas as defined
   46  in 43 U.S.C. 1301. After July 31, 1990, no permit to drill a
   47  well in search of oil or gas shall be granted north of 26°00′00″
   48  north latitude off Florida’s west coast to the western boundary
   49  of the state bordering Alabama as set forth in s. 1, Art. II of
   50  the State Constitution, or located north of 27°00′00″ north
   51  latitude off Florida’s east coast to the northern boundary of
   52  the state bordering Georgia as set forth in s. 1, Art. II of the
   53  State Constitution, within the boundaries of Florida’s
   54  territorial seas as defined in 43 U.S.C. 1301.
   55         (10)A permit to drill a gas or oil well may not be granted
   56  within the Everglades Protection Area as defined in s.
   57  373.4592(2).
   58         Section 2. Paragraph (a) of subsection (1) of section
   59  377.242, Florida Statutes, is amended to read:
   60         377.242 Permits for drilling or exploring and extracting
   61  through well holes or by other means.—The department is vested
   62  with the power and authority:
   63         (1)(a) To issue permits for the drilling for, exploring
   64  for, or production of oil, gas, or other petroleum products
   65  which are to be extracted from below the surface of the land,
   66  including submerged land, only through the well hole drilled for
   67  oil, gas, and other petroleum products.
   68         1. A No structure intended for the drilling for, or
   69  production of, oil, gas, or other petroleum products may not be
   70  permitted or constructed on any submerged land within any bay or
   71  estuary.
   72         2. A No structure intended for the drilling for, or
   73  production of, oil, gas, or other petroleum products may not be
   74  permitted or constructed within 1 mile seaward of the coastline
   75  of the state.
   76         3. A No structure intended for the drilling for, or
   77  production of, oil, gas, or other petroleum products may not be
   78  permitted or constructed within 1 mile of the seaward boundary
   79  of any state, local, or federal park or aquatic or wildlife
   80  preserve or on the surface of a freshwater lake, river, or
   81  stream.
   82         4. A No structure intended for the drilling for, or
   83  production of, oil, gas, or other petroleum products may not be
   84  permitted or constructed within 1 mile inland from the shoreline
   85  of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary
   86  or within 1 mile of any freshwater lake, river, or stream unless
   87  the department is satisfied that the natural resources of such
   88  bodies of water and shore areas of the state will be adequately
   89  protected in the event of accident or blowout.
   90         5. Without exception, after July 1, 1989, a no structure
   91  intended for the drilling for, or production of, oil, gas, or
   92  other petroleum products may not be permitted or constructed
   93  south of 26°00′00″ north latitude off Florida’s west coast and
   94  south of 27°00′00″ north latitude off Florida’s east coast,
   95  within the boundaries of Florida’s territorial seas as defined
   96  in 43 U.S.C. s. 1301. After July 31, 1990, a no structure
   97  intended for the drilling for, or production of, oil, gas, or
   98  other petroleum products may not be permitted or constructed
   99  north of 26°00′00″ north latitude off Florida’s west coast to
  100  the western boundary of the state bordering Alabama as set forth
  101  in s. 1, Art. II of the State Constitution, or located north of
  102  27°00′00″ north latitude off Florida’s east coast to the
  103  northern boundary of the state bordering Georgia as set forth in
  104  s. 1, Art. II of the State Constitution, within the boundaries
  105  of Florida’s territorial seas as defined in 43 U.S.C. s. 1301.
  106         6.Without exception, a structure intended for the drilling
  107  for, or production of, oil, gas, or other petroleum products may
  108  not be permitted or constructed within any portion of the
  109  Everglades Protection Area as defined in s. 373.4592(2).
  110  
  111  Each permit shall contain an agreement by the permitholder that
  112  the permitholder will not prevent inspection by division
  113  personnel at any time. The provisions of this section
  114  prohibiting permits for drilling or exploring for oil in coastal
  115  waters do not apply to any leases entered into before June 7,
  116  1991.
  117         Section 3. This act shall take effect July 1, 2021.

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