HB 7245

1
A bill to be entitled
2An act relating to oil and gas drilling; creating s.
3377.061, F.S.; prohibiting activities associated with the
4exploration for and production of oil, gas, or other
5petroleum products in sovereignty submerged lands and
6waterways; prohibiting Outer Continental Shelf energy
7activities; prohibiting local governments and state
8agencies from granting approval for certain licenses,
9permits, activities, and projects; requiring the
10Department of Environmental Protection to submit such
11provisions to the United States Department of Commerce to
12be made part of the state's coastal zone management
13program; providing an effective date.
14
15     WHEREAS, the State of Florida is comprised of 2,276 miles
16of tidal shoreline, 8,426 miles of detailed tidal shoreline, and
17     WHEREAS, sand beaches comprise 1,350 miles of coastline,
18and
19     WHEREAS, in 2004, 13 million state residents lived along
20the coastline, and
21     WHEREAS, the tourism industry attracted 79.7 million
22tourists to Florida, who spent $57 billion in the state and
23generated $3.4 billion of tax revenues in 2004, and
24     WHEREAS, tourists are attracted to Florida by virtue of the
25pristine beaches, waterways, and coastal recreational
26activities, and
27     WHEREAS, saltwater fishing contributed $5.8 billion and
2859,418 jobs to Florida in 2005, and
29     WHEREAS, the commercial fishing industry generated an
30estimated $562 million of revenue and provided 9,787 jobs to
31Florida in 2005, and
32     WHEREAS, Florida has more seafood processing plants than
33any other state and the seafood processing industry shipped $614
34million worth of products and provided 3,108 jobs statewide in
352005, and
36     WHEREAS, Florida fishers catch more than 90 percent of the
37nation's supply of grouper, pompano, mullet, stone crab, pink
38shrimp, spiny lobsters, and Spanish mackerel, and
39     WHEREAS, the value of Florida aquaculture sales ranks third
40in the nation and reached $95.5 million in 2003, and
41     WHEREAS, the total economic impact of Florida's seafood
42harvest is more than $1 billion annually, and creates more than
4320,000 full-time and 10,000 part-time jobs, and
44     WHEREAS, the coral reef in Key West is the third largest in
45the world and the largest in North America, and
46     WHEREAS, oil and gas drilling would potentially damage or
47destroy living bottom communities, beaches, coastal barrier
48islands, wetlands, seagrass beds, mangroves, corals, and animal
49life, and
50     WHEREAS, such damage would result from pipeline placement,
51increased barge and tanker traffic, construction of supporting
52facilities, discharge of trash and debris, and rig construction
53and removal, and
54     WHEREAS, the release of hydrocarbons, chrome, lead, barium,
55cadmium, copper, antimony, arsenic, mercury, and other toxic
56chemicals would result from the discharge of drilling muds,
57production waters, and oil or gas, and
58     WHEREAS, the chemicals released into the environment from
59these discharges are virtually nonrecoverable and are extremely
60toxic, and
61     WHEREAS, the Legislature declares that the state has a
62vital interest and responsibility to protect its citizens,
63coastal areas, natural wildlife, and economy, and
64     WHEREAS, the Legislature further declares that the
65possibility for spillage of oil or other pollutants as a result
66of the activities associated with the exploration and production
67of oil, gas, or other petroleum products in certain lands and
68waters surrounding the state constitutes a grave threat to the
69health and welfare of the state's citizens, coastal areas,
70natural wildlife, and economy, and
71     WHEREAS, the Legislature finds that despite safeguards that
72could be imposed on the activities associated with the
73exploration and production of oil, gas, or other petroleum
74products from certain lands and waters surrounding the state,
75the potential serious harm caused by these activities cannot be
76eliminated, and
77     WHEREAS, the possibility of an oil spill cannot be
78eliminated and pollution from an oil spill would be catastrophic
79to the citizens, coastal areas, natural wildlife, and economy of
80this state, NOW, THEREFORE,
81
82Be It Enacted by the Legislature of the State of Florida:
83
84     Section 1.  Section 377.061, Florida Statutes, is created
85to read:
86     377.061  Prohibition of exploration for and production of
87oil, gas, or other petroleum products.--
88     (1)  The exploration for and production of oil, gas, or
89other petroleum products in the sovereignty submerged lands and
90waterways over which the state has jurisdiction or control, now
91or in the future, is prohibited.
92     (2)  No Outer Continental Shelf energy activity, as defined
93under s. 1453 of the Coastal Zone Management Act of 1972, as
94amended, shall be permitted by this state.
95     (3)  No state agency or local government shall approve any
96license, permit, activity, or project that violates this
97section.
98     Section 2.  Prior to October 1, 2007, the provisions of
99this act shall be submitted by the Florida Department of
100Environmental Protection to the United States Department of
101Commerce pursuant to the Coastal Zone Management Act of 1972, as
102amended, to be made part of the state's coastal zone management
103program under chapter 380, Florida Statutes.
104     Section 3.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.