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) ANopermit to drill a gas or oil well may notshallbe 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) ANopermit to drill a gas or oil well may notshallbe 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) ANopermit to drill a gas or oil well may notshallbe 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, anopermit to 42 drill a well in search of oil or gas may notshallbe 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. ANostructure 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. ANostructure 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. ANostructure 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. ANostructure 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, anostructure 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, anostructure 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.