Florida Senate - 2025 SB 1300 By Senator Simon 3-01749-25 20251300__ 1 A bill to be entitled 2 An act relating to permits for drilling, exploration, 3 and extraction of oil and gas resources; amending s. 4 377.242, F.S.; requiring the Department of 5 Environmental Protection to consider certain factors 6 when determining whether the natural resources of 7 certain bodies of water and shore areas are adequately 8 protected from a potential accident or blowout; 9 providing requirements for a balancing test to make 10 such a determination; making technical changes; 11 reenacting ss. 377.243 and 377.37, F.S., relating to 12 conditions for granting permits for extraction through 13 well holes, and penalties, respectively, to 14 incorporate changes made by the act; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Section 377.242, Florida Statutes, is amended to 20 read: 21 377.242Permits for drilling or exploring and extracting 22 through well holes or by other means. 23 (1)The department is vested with the power and authority: 24 (1)(a)To issue permits for the drilling for, exploring 25 for, or production of oil, gas, or other petroleum products 26 which are to be extracted from below the surface of the land, 27 including submerged land, only through the well hole drilled for 28 oil, gas, and other petroleum products. 29 1.A No structure intended for the drilling for, or 30 production of, oil, gas, or other petroleum products may not be 31 permitted or constructed: 32 a.On any submerged land within any bay or estuary. 33 b.2.No structure intended for the drilling for, or 34 production of, oil, gas, or other petroleum products may be 35 permitted or constructed Within 1 mile seaward of the coastline 36 of the state. 37 c.3.No structure intended for the drilling for, or 38 production of, oil, gas, or other petroleum products may be 39 permitted or constructed Within 1 mile of the seaward boundary 40 of any state, local, or federal park or aquatic or wildlife 41 preserve or on the surface of a freshwater lake, river, or 42 stream. 43 d.4.No structure intended for the drilling for, or 44 production of, oil, gas, or other petroleum products may be 45 permitted or constructed Within 1 mile inland from the shoreline 46 of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary 47 or within 1 mile of any freshwater lake, river, or stream unless 48 the department is satisfied that the natural resources of such 49 bodies of water and shore areas of the state will be adequately 50 protected in the event of accident or blowout. For purposes of 51 this sub-subparagraph, the departments determination of whether 52 a resource is adequately protected must balance the measures in 53 place to protect the natural resources with the potential harm 54 to the natural resources. This balancing test should assess the 55 potential impact of an accident or a blowout on the natural 56 resources of such bodies of water and shore areas, including 57 ecological functions and any water quality impacts. The 58 balancing test must consider the ecological communitys current 59 condition, hydrologic connection, uniqueness, location, fish and 60 wildlife use, time lag, and the potential costs of restoration. 61 2.5.Without exception, after July 1, 1989, a no structure 62 intended for the drilling for, or production of, oil, gas, or 63 other petroleum products may not be permitted or constructed 64 south of 260000 north latitude off Floridas west coast and 65 south of 270000 north latitude off Floridas east coast, 66 within the boundaries of Floridas territorial seas as defined 67 in 43 U.S.C. s. 1301. After July 31, 1990, no structure intended 68 for the drilling for, or production of, oil, gas, or other 69 petroleum products may be permitted or constructed north of 70 260000 north latitude off Floridas west coast to the western 71 boundary of the state bordering Alabama as set forth in s. 1, 72 Art. II of the State Constitution, or located north of 270000 73 north latitude off Floridas east coast to the northern boundary 74 of the state bordering Georgia as set forth in s. 1, Art. II of 75 the State Constitution, within the boundaries of Floridas 76 territorial seas as defined in 43 U.S.C. s. 1301. 77 3.(b)Sub-subparagraphs 1.a. and d. Subparagraphs (a)1. and 78 4. do not apply to permitting or construction of structures 79 intended for the drilling for, or production of, oil, gas, or 80 other petroleum products pursuant to an oil, gas, or mineral 81 lease of such lands by the state under which lease any valid 82 drilling permits are in effect on the effective date of this 83 act. In the event that such permits contain conditions or 84 stipulations, such conditions and stipulations shall govern and 85 supersede sub-subparagraphs 1.a. and d. subparagraphs (a)1. and 86 4. 87 4.(c)The prohibitions of subparagraph 1. subparagraphs 88 (a)1.-4. in this subsection do not include infield gathering 89 lines, provided no other placement is reasonably available and 90 all other required permits have been obtained. 91 (b)(2)To issue permits to explore for and extract minerals 92 which are subject to extraction from the land by means other 93 than through a well hole. 94 (c)(3)To issue permits to establish natural gas storage 95 facilities or construct wells for the injection and recovery of 96 any natural gas for storage in natural gas storage reservoirs. 97 (2)Each permit shall contain an agreement by the 98 permitholder that the permitholder will not prevent inspection 99 by division personnel at any time. The provisions of this 100 section prohibiting permits for drilling or exploring for oil in 101 coastal waters do not apply to any leases entered into before 102 June 7, 1991. 103 Section 2.For the purpose of incorporating the amendment 104 made by this act to section 377.242, Florida Statutes, in a 105 reference thereto, subsection (1) of section 377.243, Florida 106 Statutes, is reenacted to read: 107 377.243Conditions for granting permits for extraction 108 through well holes. 109 (1)Prior to the application to the Division of Resource 110 Management for the permit to drill for oil, gas, and related 111 products referred to in s. 377.242(1), the applicant must own a 112 valid deed, or other muniment of title, or lease granting said 113 applicant the privilege to explore for oil, gas, or related 114 mineral products to be extracted only through the well hole on 115 the land or lands included in the application. However, 116 unallocated interests may be unitized according to s. 377.27. 117 Section 3.For the purpose of incorporating the amendment 118 made by this act to section 377.242, Florida Statutes, in a 119 reference thereto, paragraph (a) of subsection (1) of section 120 377.37, Florida Statutes, is reenacted to read: 121 377.37Penalties. 122 (1)(a)Any person who violates this law or any rule, 123 regulation, or order of the division made under this chapter or 124 who violates the terms of any permit to drill for or produce 125 oil, gas, or other petroleum products referred to in s. 126 377.242(1) or to store gas in a natural gas storage facility, or 127 any lessee, permitholder, or operator of equipment or facilities 128 used in the exploration for, drilling for, or production of oil, 129 gas, or other petroleum products, or storage of gas in a natural 130 gas storage facility, who refuses inspection by the division as 131 provided in this chapter, is liable to the state for any damage 132 caused to the air, waters, or property, including animal, plant, 133 or aquatic life, of the state and for reasonable costs and 134 expenses of the state in tracing the source of the discharge, in 135 controlling and abating the source and the pollutants, and in 136 restoring the air, waters, and property, including animal, 137 plant, and aquatic life, of the state. Furthermore, such person, 138 lessee, permitholder, or operator is subject to the judicial 139 imposition of a civil penalty in an amount of not more than 140 $15,000 for each offense. However, the court may receive 141 evidence in mitigation. Each day during any portion of which 142 such violation occurs constitutes a separate offense. This 143 section does not give the department the right to bring an 144 action on behalf of any private person. 145 Section 4.This act shall take effect July 1, 2025.