Florida Senate - 2021 SB 722 By Senator Rodriguez 39-01018-21 2021722__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Everglades Protection Area; 2 amending s. 377.24, F.S.; prohibiting the Department 3 of Environmental Protection from granting permits for 4 the drilling of wells for oil or gas within the 5 Everglades Protection Area; amending s. 377.242, F.S.; 6 prohibiting the department from issuing permits for or 7 constructing structures intended for the drilling for, 8 or production of, oil, gas, or other petroleum 9 products within the Everglades Protection Area; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14

Section 1. Subsections (5), (6), (7), and (9) of

section 15 377.24, Florida Statutes, are amended, and subsection (10) is 16 added to that section, to read: 17 377.24 Notice of intention to drill well; permits; 18 abandoned wells and dry holes.— 19

(5) A No permit to drill a gas or oil well may not shall be 20 granted within the corporate limits of any municipality, unless 21 the governing authority of the municipality shall have first 22 duly approved the application for such permit by resolution. 23

(6) A No permit to drill a gas or oil well may not shall be 24 granted at a location in the tidal waters of the state, abutting 25 or immediately adjacent to the corporate limits of a 26 municipality or within 3 miles of such corporate limits 27 extending from the line of mean high tide into such waters, 28 unless the governing authority of the municipality shall have 29

Florida Senate - 2021 SB 722 39-01018-21 2021722__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. first duly approved the application for such permit by 30 resolution. 31

(7) A No permit to drill a gas or oil well may not shall be 32 granted on any improved beach, located outside of an 33 incorporated town or municipality, or at a location in the tidal 34 waters of the state abutting or immediately adjacent to an 35 improved beach, or within 3 miles of an improved beach extending 36 from the line of mean high tide into such tidal waters, unless 37 the county commissioners of the county in which such beach is 38 located shall have first duly approved the application for such 39 permit by resolution. 40

(9) Without exception, after July 1, 1989, a no permit to 41 drill a well in search of oil or gas may not shall be granted 42 south of 26°00′00″ north latitude off Florida’s west coast and 43 south of 27°00′00″ north latitude off Florida’s east coast, 44 within the boundaries of Florida’s territorial seas as defined 45 in 43 U.S.C. 1301. After July 31, 1990, no permit to drill a 46 well in search of oil or gas shall be granted north of 26°00′00″ 47 north latitude off Florida’s west coast to the western boundary 48 of the state bordering Alabama as set forth in s. 1, Art.

II of 49 the State Constitution, or located north of 27°00′00″ north 50 latitude off Florida’s east coast to the northern boundary of 51 the state bordering Georgia as set forth in s. 1, Art. II of the 52 State Constitution, within the boundaries of Florida’s 53 territorial seas as defined in 43 U.S.C. 1301. 54

(10) A permit to drill a gas or oil well may not be granted 55 within the Everglades Protection Area as defined in s. 56 373.4592(2). 57

Section 2. Paragraph (

a) of subsection (1) of

section 58

Florida Senate - 2021 SB 722 39-01018-21 2021722__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 377.242, Florida Statutes, is amended to read: 59 377.242 Permits for drilling or exploring and extracting 60 through well holes or by other means.—The department is vested 61 with the power and authority: 62 (1)(

a) To issue permits for the drilling for, exploring 63 for, or production of oil, gas, or other petroleum products 64 which are to be extracted from below the surface of the land, 65 including submerged land, only through the well hole drilled for 66 oil, gas, and other petroleum products. 67 1. A No structure intended for the drilling for, or 68 production of, oil, gas, or other petroleum products may not be 69 permitted or constructed on any submerged land within any bay or 70 estuary. 71 2.

A No structure intended for the drilling for, or 72 production of, oil, gas, or other petroleum products may not be 73 permitted or constructed within 1 mile seaward of the coastline 74 of the state. 75 3. A No structure intended for the drilling for, or 76 production of, oil, gas, or other petroleum products may not be 77 permitted or constructed within 1 mile of the seaward boundary 78 of any state, local, or federal park or aquatic or wildlife 79 preserve or on the surface of a freshwater lake, river, or 80 stream. 81 4.

A No structure intended for the drilling for, or 82 production of, oil, gas, or other petroleum products may not be 83 permitted or constructed within 1 mile inland from the shoreline 84 of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary 85 or within 1 mile of any freshwater lake, river, or stream unless 86 the department is satisfied that the natural resources of such 87

Florida Senate - 2021 SB 722 39-01018-21 2021722__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. bodies of water and shore areas of the state will be adequately 88 protected in the event of accident or blowout. 89 5.

Without exception, after July 1, 1989, a no structure 90 intended for the drilling for, or production of, oil, gas, or 91 other petroleum products may not be permitted or constructed 92 south of 26°00′00″ north latitude off Florida’s west coast and 93 south of 27°00′00″ north latitude off Florida’s east coast, 94 within the boundaries of Florida’s territorial seas as defined 95 in 43 U.S.C. s. 1301.

After July 31, 1990, a no structure 96 intended for the drilling for, or production of, oil, gas, or 97 other petroleum products may not be permitted or constructed 98 north of 26°00′00″ north latitude off Florida’s west coast to 99 the western boundary of the state bordering Alabama as set forth 100 in s. 1, Art. II of the State Constitution, or located north of 101 27°00′00″ north latitude off Florida’s east coast to the 102 northern boundary of the state bordering Georgia as set forth in 103 s. 1, Art.

II of the State Constitution, within the boundaries 104 of Florida’s territorial seas as defined in 43 U.S.C. s. 1301. 105 6. Without exception, a structure intended for the drilling 106 for, or production of, oil, gas, or other petroleum products may 107 not be permitted or constructed within any portion of the 108 Everglades Protection Area as defined in s. 373.4592(2). 109 110 Each permit shall contain an agreement by the permitholder that 111 the permitholder will not prevent inspection by division 112 personnel at any time. The provisions of this

section 113 prohibiting permits for drilling or exploring for oil in coastal 114 waters do not apply to any leases entered into before June 7, 115 1991. 116

Florida Senate - 2021 SB 722 39-01018-21 2021722__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions.

Section 3. This act shall take effect July 1, 2021. 117