| 1 | A bill to be entitled |
| 2 | An act relating to the regulation of state lands and oil |
| 3 | and gas resources; amending s. 253.52, F.S.; providing for |
| 4 | the Board of Trustees of the Internal Improvement Trust |
| 5 | Fund to accept and award bids for oil and gas leases on |
| 6 | submerged lands underlying the territorial waters of the |
| 7 | state; providing requirements and procedures for |
| 8 | submitting, reviewing, and awarding such bids; providing |
| 9 | for a nonrefundable bid submittal fee; providing for |
| 10 | easements over sovereign submerged lands for the |
| 11 | construction, installation, and maintenance of structures |
| 12 | relating to the production of oil, gas, or other petroleum |
| 13 | products; providing a fee for such easements; requiring |
| 14 | certain notice; providing bidder eligibility criteria |
| 15 | relating to location; providing location restrictions on |
| 16 | the refining and retail sale of oil and gas extracted |
| 17 | pursuant to such leases; amending s. 253.571, F.S.; |
| 18 | providing requirements for proof of financial |
| 19 | responsibility by a lessee prior to the commencement of |
| 20 | drilling on submerged lands underlying the territorial |
| 21 | waters of the state; providing a limitation; creating s. |
| 22 | 253.585, F.S.; providing for the distribution of |
| 23 | royalties, cash considerations, annual rentals, or |
| 24 | payments in lieu of royalties collected for oil and gas |
| 25 | leases on submerged lands within the territorial waters of |
| 26 | the state; providing for distribution of other state |
| 27 | income from offshore oil and natural gas activities; |
| 28 | providing limitations on activities in military range and |
| 29 | activity zones; requiring each proposal to be presented |
| 30 | with a specified study; providing for rulemaking; amending |
| 31 | s. 253.61, F.S.; providing an exemption from land-leasing |
| 32 | restrictions for leases on submerged lands within the |
| 33 | territorial waters of the state; deleting a provision |
| 34 | prohibiting leasing of specified lands; amending s. |
| 35 | 377.24, F.S.; providing an exemption from permit |
| 36 | restrictions relating to drilling gas or oil wells for |
| 37 | leases on submerged lands within the territorial waters of |
| 38 | the state; deleting a provision prohibiting drilling in |
| 39 | specified waters; amending s. 377.242, F.S.; deleting a |
| 40 | provision prohibiting the construction of specified |
| 41 | structures; providing exemptions from restrictions |
| 42 | relating to the permitting or construction of structures |
| 43 | intended for the drilling for or production of oil, gas, |
| 44 | or other petroleum products; amending s. 377.2425, F.S.; |
| 45 | revising applicability provisions relating to surety for |
| 46 | geophysical exploration, drilling, and production; |
| 47 | exempting applicants for drilling or operating permits for |
| 48 | operations planned in coastal waters; providing an |
| 49 | effective date. |
| 50 |
|
| 51 | Be It Enacted by the Legislature of the State of Florida: |
| 52 |
|
| 53 | Section 1. Section 253.52, Florida Statutes, is amended to |
| 54 | read: |
| 55 | 253.52 Placing oil and gas leases on market by board.-- |
| 56 | (1) Whenever in the opinion of the Board of Trustees of |
| 57 | the Internal Improvement Trust Fund there shall be a demand for |
| 58 | the purchase of oil and gas leases on any area, tract, or parcel |
| 59 | of the land so owned, controlled, or managed, by any state |
| 60 | board, department, or agency, then the board shall place such |
| 61 | oil and gas lease or leases on the market in such blocks, |
| 62 | tracts, or parcels as it may designate. The lease or leases |
| 63 | shall only be made after notice by publication thereof has been |
| 64 | made not less than once a week for 4 consecutive weeks in a |
| 65 | newspaper of general circulation published in Leon County, and |
| 66 | in a similar newspaper for a similar period of time published in |
| 67 | the vicinity of the lands offered to be leased, the last |
| 68 | publication in both newspapers to be not less than 5 days in |
| 69 | advance of the sale date. Such notice shall be to the effect |
| 70 | that a lease or leases will be offered for sale at such date and |
| 71 | time as may be named in said notice and shall describe the land |
| 72 | upon which such lease, or leases, will be offered. This notice |
| 73 | may be combined with the notice required pursuant to s. 253.115. |
| 74 | Before any lease of any block, tract, or parcel of land, |
| 75 | submerged, or unsubmerged, within a radius of 3 miles of the |
| 76 | boundaries of any incorporated city, or town, or within such |
| 77 | radius of any bathing beach, or beaches, outside thereof, such |
| 78 | board, department, or agency, shall through one or more of its |
| 79 | members hold a public hearing, after notice thereof by |
| 80 | publication once in a newspaper of general circulation published |
| 81 | at least 1 week prior to said hearing in the vicinity of the |
| 82 | land, or lands, offered to be leased, of the offer to lease the |
| 83 | same, calling upon all interested persons to attend said hearing |
| 84 | where they would be given the opportunity to be heard, all of |
| 85 | which shall be considered by the board prior to the execution of |
| 86 | any lease or leases to said land, and the board may withdraw |
| 87 | said land, or any part thereof, from the market, and refuse to |
| 88 | execute such lease or leases if after such hearing, or |
| 89 | otherwise, it considers such execution contrary to the public |
| 90 | welfare. Before advertising any land for lease the form of the |
| 91 | lease or leases to be offered for sale, not inconsistent with |
| 92 | law, or the provisions of this section, shall be prescribed by |
| 93 | the board and a copy, or copies, thereof, shall be available to |
| 94 | the general public at the office of the Board of Trustees of the |
| 95 | Internal Improvement Trust Fund and the advertisements of such |
| 96 | sale shall so state. |
| 97 | (2)(a) Notwithstanding subsection (1), the Board of |
| 98 | Trustees of the Internal Improvement Trust Fund shall accept a |
| 99 | nomination on or before September 1 of each year from a bidder |
| 100 | or bidders for the purchase, in such blocks, tracts, or parcels |
| 101 | as the bidder may designate, of oil and gas leases on any area, |
| 102 | tract, or parcel of submerged land underlying the territorial |
| 103 | waters of the state, as defined in the Submerged Lands Act, 43 |
| 104 | U.S.C. ss. 1301-1315, so owned, controlled, or managed by any |
| 105 | state board, department, or agency. |
| 106 | (b) Within 14 days after receipt of a bid, the board shall |
| 107 | give notice of same by publication in the Florida Administrative |
| 108 | Weekly and in a newspaper of general circulation published in |
| 109 | the vicinity of the proposed lease or leases. The publication |
| 110 | may not include any reference to proprietary trade secrets or |
| 111 | confidential or economic business information provided by the |
| 112 | original bidder. |
| 113 | (c) The notice requirements under paragraph (b) shall |
| 114 | apply in lieu of the requirements under subsection (1) and s. |
| 115 | 253.115 for a nomination for the purchase of an oil and gas |
| 116 | lease pursuant to this subsection. |
| 117 | (d) Other interested parties shall have 90 days after the |
| 118 | date of publication of the notice to submit a competing bid for |
| 119 | the same blocks, tracts, or parcels as were designated in the |
| 120 | original bid and published in the notice. The bid period shall |
| 121 | close on the 90th day. |
| 122 | (e) The board shall have no more than 30 days from the |
| 123 | date the bid period closes to review all bids and determine |
| 124 | whether or not each bid contains all of the information required |
| 125 | under subsection (4). Any bid determined to not contain all of |
| 126 | the information required under subsection (4) shall be returned |
| 127 | to the bidder and may not be further considered. |
| 128 | (f) Following a determination that a bid or bids contain |
| 129 | all of the information required under subsection (4), the board |
| 130 | shall select the highest and best of such bids within 30 days, |
| 131 | provided that if, in the reasonable judgment of the board, the |
| 132 | bids submitted do not represent the reasonable fair value of |
| 133 | such lease or leases, the execution of same is reasonably |
| 134 | determined to be contrary to the public welfare, or, if the |
| 135 | responsibility of the bidder offering the highest amount has not |
| 136 | reasonably been established to the board's satisfaction, the |
| 137 | board may in its discretion reject the bids. All information |
| 138 | included in all bids not selected by the board shall be returned |
| 139 | to the bidder, including all checks or other financial |
| 140 | assurances, except for the $1 million nonrefundable bid |
| 141 | submittal fee. |
| 142 | (g) The board shall have no more than 90 days to negotiate |
| 143 | any outstanding matters, including, but not limited to, definite |
| 144 | rental payments or payments that may be made in lieu of royalty, |
| 145 | with the winning bidder and award the lease or leases. |
| 146 | Affirmative action by the board to approve any such lease shall |
| 147 | require the approval of the Governor and at least two other |
| 148 | members of the board. |
| 149 | (3) To the extent that any provision of the sealed bid |
| 150 | requirements pursuant to s. 253.53 and the competitive bidding |
| 151 | process pursuant to s. 253.54 may be in conflict with the |
| 152 | nomination process provided under subsection (2), subsection (2) |
| 153 | shall control the nomination for and the award of the purchase, |
| 154 | in such blocks, tracts, or parcels as may be designated, of an |
| 155 | oil and gas lease or leases on any area, tract, or parcel of |
| 156 | submerged land underlying the territorial waters of the state. |
| 157 | (4) All bids submitted to the board for lands identified |
| 158 | under subsection (2) shall include the following: |
| 159 | (a) A nonrefundable bid submittal fee of $1 million in |
| 160 | addition to and separate from any cash consideration that may be |
| 161 | provided as part of the bid; |
| 162 | (b) Documentation stating that all equipment or structures |
| 163 | above the surface of the water and related to the development |
| 164 | and production of oil and gas within the territorial waters of |
| 165 | the state shall be situated no closer than 3 miles from the |
| 166 | coast as calculated from the line of mean high tide; |
| 167 | (c) A statement and map identifying the blocks, tracts, or |
| 168 | parcels, as designated for the oil and gas lease or leases, on |
| 169 | submerged land underlying the territorial waters of the state; |
| 170 | (d) A statement of a cash consideration; and |
| 171 | (e) A statement of a royalty, never less than one-eighth |
| 172 | in kind or in value; provided, however, that up-front payments |
| 173 | in lieu of royalties may be proposed and, if proposed, may |
| 174 | reduce the minimum one-eighth royalty. |
| 175 | (5) All bids shall be accompanied by a separate cashier's |
| 176 | check or certified check for the amount of the cash |
| 177 | consideration and application fee and shall be payable to the |
| 178 | state board, department, or agency which holds title to or |
| 179 | controls the land sought to be leased. |
| 180 | (6) For a bidder who obtains an oil and gas lease from a |
| 181 | bid pursuant to subsection (2) and fails to be issued a permit, |
| 182 | after a good faith effort to attain such a permit, for |
| 183 | geophysical operations, drilling, or exploring and extracting |
| 184 | through well holes or by other means pursuant to ss. 377.2408 |
| 185 | and 377.242 within 24 months after receiving the lease, the |
| 186 | board shall refund the entire cash consideration with interest |
| 187 | paid pursuant to s. 55.03(1), using the per annum rate for the |
| 188 | year in which the bidder obtained the lease. The bidder may |
| 189 | extend this time period upon receiving a written request showing |
| 190 | good cause by the Department of Environmental Protection. |
| 191 | (7) If the board awards an oil and gas lease or leases |
| 192 | issued pursuant to subsection (2), the lessee shall be entitled |
| 193 | to obtain an easement or easements over sovereign submerged |
| 194 | lands for the construction, installation, and maintenance of any |
| 195 | pipeline or associated infrastructure that is an appurtenance to |
| 196 | the transportation of oil and gas from the leased submerged |
| 197 | lands to shore-based facilities. The fee for this easement shall |
| 198 | be based on a cost per linear foot basis and may not exceed $5 |
| 199 | per linear foot. Notwithstanding s. 253.115, within 14 days |
| 200 | after receipt of an application for an easement or easements |
| 201 | pursuant to this subsection, the board shall require the |
| 202 | applicant for such easement or easements to give notice of the |
| 203 | filing of such application or applications by publication, one |
| 204 | time only, in a newspaper of general circulation published in |
| 205 | the vicinity of the proposed lease or leases. |
| 206 | (8) To be eligible to bid on any oil or gas leases offered |
| 207 | within the territorial waters of the state, bidders must have |
| 208 | corporate headquarters, including senior management personnel, |
| 209 | physically located within the continental United States. Any oil |
| 210 | or gas extracted pursuant to such leases must be refined and |
| 211 | sold at the retail level within the continental United States. |
| 212 | Section 2. Section 253.571, Florida Statutes, is amended |
| 213 | to read: |
| 214 | 253.571 Proof of financial responsibility required of |
| 215 | lessee prior to commencement of drilling.-- |
| 216 | (1) The Board of Trustees of the Internal Improvement |
| 217 | Trust Fund may require a surety or property bond, an irrevocable |
| 218 | letter of credit, or other proof of financial responsibility |
| 219 | from each lessee of public land or mineral interest prior to the |
| 220 | time such lessee mines, drills, or extracts in any manner, |
| 221 | petroleum, petroleum products, gas, sulphur, or any other |
| 222 | mineral from such land. The surety bond or irrevocable letter of |
| 223 | credit shall be from a surety company or bank authorized to do |
| 224 | business in the state. The surety bond, irrevocable letter of |
| 225 | credit, or other proof of financial responsibility shall serve |
| 226 | as security and is to be forfeited to the board to pay for any |
| 227 | damages caused by mining or drilling operations performed by the |
| 228 | lessee. In the case of operations planned in the waters of the |
| 229 | state or under other particular circumstances which, by their |
| 230 | nature warrant greater security in view of possible damages, the |
| 231 | board shall give special consideration to the extent of such |
| 232 | possible damages and shall set the amount of an adequate and |
| 233 | sufficient surety bond, irrevocable letter of credit, or other |
| 234 | proof of financial responsibility accordingly. For the purposes |
| 235 | of this section, damages shall include, but not be limited to, |
| 236 | air, water, and ground pollution, destruction of wildlife or |
| 237 | marine productivity and any other damage which impairs the |
| 238 | health and general welfare of the citizens of the state. The |
| 239 | board shall require a lessee to provide proof of financial |
| 240 | responsibility only once, irrespective of the number of |
| 241 | different leases the lessee may have. |
| 242 | (2) A surety or property bond, an irrevocable letter of |
| 243 | credit, or other proof of financial responsibility from each |
| 244 | lessee of public land or mineral interest in submerged lands |
| 245 | underlying the territorial waters of the state, as defined in |
| 246 | the Submerged Lands Act, 43 U.S.C. ss. 1301-1315, shall not |
| 247 | exceed the lesser amount of either: |
| 248 | (a) Five hundred million dollars; or |
| 249 | (b) A calculated cost estimate for potential damages |
| 250 | related to, but not limited to, air, water, and ground |
| 251 | pollution, destruction of wildlife or marine productivity, and |
| 252 | any other damage that impairs the health and general welfare of |
| 253 | the citizens of the state, as based on reasonably foreseeable |
| 254 | accidents or occurrences associated with the particular oil and |
| 255 | gas development or production activity within the immediate area |
| 256 | of the oil and gas lease. |
| 257 | (3) A surety or property bond, an irrevocable letter of |
| 258 | credit, or other proof of financial responsibility issued under |
| 259 | subsection (2) shall be the only proof of financial |
| 260 | responsibility a lessee must provide in lieu of any other proof |
| 261 | of financial responsibility that may be required by any agency |
| 262 | for any permit or authorization that must be obtained in |
| 263 | connection with the development and production of oil and gas, |
| 264 | including, but not limited to, oil and gas transportation |
| 265 | infrastructure, such as pipelines, appurtenant to the leased |
| 266 | submerged lands. |
| 267 | Section 3. Section 253.585, Florida Statues, is created to |
| 268 | read: |
| 269 | 253.585 Distribution of royalties, cash considerations, |
| 270 | annual rentals, or payments in lieu of royalties collected for |
| 271 | oil and gas leases on submerged lands within the territorial |
| 272 | waters of the state.-- |
| 273 | (1) Royalties, cash considerations, annual rentals, or |
| 274 | payments in lieu of royalties collected for oil and gas leases |
| 275 | on submerged lands within the territorial waters of the state |
| 276 | shall be appropriated for the following purposes: |
| 277 | (a) To fund a bond initiative to provide up to $300 |
| 278 | million per year for the Florida Forever land acquisition |
| 279 | program, including up to an additional $15 million for |
| 280 | reasonable management costs for the administration of such |
| 281 | lands, to the extent the Board of Trustees of the Internal |
| 282 | Improvement Trust Fund determines such management costs are |
| 283 | necessary. |
| 284 | (b) To provide up to $20 million per year for local |
| 285 | governments to support beach restoration and nourishment |
| 286 | projects. |
| 287 | (c) To provide up to $20 million per year to be |
| 288 | distributed to coastal local governments within the county or |
| 289 | counties within which the lease or leases are issued. |
| 290 | (2) After the distributions under subsection (1), the next |
| 291 | $150 million from state income from offshore oil and natural gas |
| 292 | activities shall be equally distributed as follows: |
| 293 | (a) Up to $25 million annually shall be appropriated to |
| 294 | the Florida Energy and Climate Commission to be used for |
| 295 | enhancements to the Solar Energy System Incentives Program. |
| 296 | (b) Up to $25 million annually shall be appropriated to |
| 297 | the Board of Governors of the State University System to fund |
| 298 | research and development of technologies, systems, and processes |
| 299 | to solve the nation's dependency on foreign fossil fuels and |
| 300 | expand the use of alternative, biomass, and renewable |
| 301 | alternative fuels through a peer-reviewed grant process. |
| 302 | (c) Up to $25 million annually shall be appropriated to |
| 303 | the Internal Improvement Trust Fund for enhanced funding of the |
| 304 | management of public lands and state parks or the funding of |
| 305 | beach nourishment, or both, as determined by the Board of |
| 306 | Trustees of the Internal Improvement Trust Fund. |
| 307 | (d) Up to $25 million annually shall be appropriated to |
| 308 | fund environmental science programs in elementary and middle |
| 309 | schools in preparation for 10th grade and higher science testing |
| 310 | and for promoting science in high schools, to be spread |
| 311 | equitably between each school district. |
| 312 | (e) Up to $25 million annually shall be appropriated in |
| 313 | equal amounts to establish hands-on oil and natural gas industry |
| 314 | training academies in 25 counties using current state-of-the-art |
| 315 | industry-provided materials, technological training, and |
| 316 | instructors. Up to $15 million of the appropriation under this |
| 317 | paragraph shall be used to fund high school oil and natural gas |
| 318 | industry training academies. Up to $10 million of the |
| 319 | appropriation under this paragraph shall be used to fund |
| 320 | community college oil and natural gas industry training |
| 321 | academies, spread as evenly as possible geographically across |
| 322 | the state. |
| 323 | (f) Up to $25 million annually shall be appropriated to |
| 324 | veteran's programs to provide care and rehabilitation services |
| 325 | and educational opportunities for veterans and their dependents |
| 326 | who are residents of this state. |
| 327 | (g) Notwithstanding the limitations on the maximum amount |
| 328 | of tax credits available each year contained in s. |
| 329 | 220.193(3)(c), and consistent with the other provisions in s. |
| 330 | 220.193, up to $10 million shall be appropriated annually to |
| 331 | fund the Florida Renewable Energy Production Credit through the |
| 332 | year 2020 to encourage the development and expansion of |
| 333 | facilities that produce renewable energy in this state. |
| 334 | (3) Where federally recognized military range and activity |
| 335 | zones exist, each submitted proposal shall allow temporary |
| 336 | geological or drilling and equipment activities, or both, above |
| 337 | and below the surface of the water in order to establish pump |
| 338 | sites only, after which, no above-surface permanent placement of |
| 339 | equipment other than safety marker buoys is allowed. |
| 340 | (4) Each submitted proposal shall be presented with a |
| 341 | study that draws from existing state-of-the-art technology to |
| 342 | demonstrate that exploration for oil and gas is feasible in the |
| 343 | intended permit area. |
| 344 | (5) The Division of State Lands in the Department of |
| 345 | Environmental Protection, as staff to the Board of Trustees of |
| 346 | the Internal Improvement Trust Fund, shall adopt rules as |
| 347 | necessary to administer this section. |
| 348 | Section 4. Paragraphs (b), (c), and (d) of subsection (1) |
| 349 | of section 253.61, Florida Statutes, are amended to read: |
| 350 | 253.61 Lands not subject to lease.-- |
| 351 | (1) Regardless of anything to the contrary contained in |
| 352 | this law in any previous section or part thereof, no board or |
| 353 | agency mentioned therein or the state shall have the power or |
| 354 | authority to sell, execute, or enter into any lease of the type |
| 355 | covered by this law relating to any of the following lands, |
| 356 | submerged or unsubmerged, except under the circumstances and |
| 357 | conditions as hereinafter set out in this section, to wit: |
| 358 | (b) No lease of the type covered by this law shall be |
| 359 | granted, sold or executed covering any such lands in the tidal |
| 360 | waters of the state, abutting on or immediately adjacent to the |
| 361 | corporate limits of a municipality or within 3 miles of such |
| 362 | corporate limits extending from the line of mean high tide into |
| 363 | such waters, unless the governing authority of the municipality |
| 364 | shall have first duly consented to the granting or sale of such |
| 365 | lease by resolution. This paragraph does not apply to leases on |
| 366 | submerged lands underlying the territorial waters of the state, |
| 367 | as defined in the Submerged Lands Act, 43 U.S.C. ss. 1301-1315, |
| 368 | where any structure or equipment above the surface of the water |
| 369 | is more than 3 miles from such corporate limits. |
| 370 | (c) No lease of the type covered by this law shall be |
| 371 | granted, sold or executed covering such lands on any improved |
| 372 | beach, located outside of an incorporated town or municipality, |
| 373 | or covering such lands in the tidal waters of the state abutting |
| 374 | on or immediately adjacent to any improved beach, or within 3 |
| 375 | miles of an improved beach extending from the line of mean high |
| 376 | tide into such tidal waters, unless the county commissioners of |
| 377 | the county in which such beach is located shall have first duly |
| 378 | consented to the granting or sale of such lease by resolution. |
| 379 | This paragraph does not apply to leases on submerged lands |
| 380 | underlying the territorial waters of the state, as defined in |
| 381 | the Submerged Lands Act, 43 U.S.C. ss. 1301-1315, where any |
| 382 | structure or equipment above the surface of the water is more |
| 383 | than 3 miles from such improved beach. |
| 384 | (d) Without exception, after July 1, 1989, no lease of the |
| 385 | type covered by this law shall be granted, sold, or executed |
| 386 | south of 26° north latitude off Florida's west coast and south |
| 387 | of 27° north latitude off Florida's east coast, within the |
| 388 | boundaries of Florida's territorial seas as defined in 43 U.S.C. |
| 389 | 1301. After July 31, 1990, no oil or natural gas lease shall be |
| 390 | granted, sold, or executed covering lands located north of |
| 391 | 26°00'00" north latitude off Florida's west coast to the western |
| 392 | boundary of the state bordering Alabama as set forth in s. 1, |
| 393 | Art. II of the State Constitution, or located north of 27°00'00" |
| 394 | north latitude off Florida's east coast to the northern boundary |
| 395 | of the state bordering Georgia as set forth in s. 1, Art. II of |
| 396 | the State Constitution, within the boundaries of Florida's |
| 397 | territorial seas as defined in 43 U.S.C. 1301. |
| 398 | Section 5. Subsections (6), (7), and (9) of section |
| 399 | 377.24, Florida Statutes, are amended to read: |
| 400 | 377.24 Notice of intention to drill well; permits; |
| 401 | abandoned wells and dry holes.-- |
| 402 | (6) No permit to drill a gas or oil well shall be granted |
| 403 | at a location in the tidal waters of the state, abutting or |
| 404 | immediately adjacent to the corporate limits of a municipality |
| 405 | or within 3 miles of such corporate limits extending from the |
| 406 | line of mean high tide into such waters, unless the governing |
| 407 | authority of the municipality shall have first duly approved the |
| 408 | application for such permit by resolution. This subsection does |
| 409 | not apply to leases on submerged lands underlying the |
| 410 | territorial waters of the state, as defined in the Submerged |
| 411 | Lands Act, 43 U.S.C. ss. 1301-1315, where any structure or |
| 412 | equipment above the surface of the water is more than 3 miles |
| 413 | from such corporate limits. |
| 414 | (7) No permit to drill a gas or oil well shall be granted |
| 415 | on any improved beach, located outside of an incorporated town |
| 416 | or municipality, or at a location in the tidal waters of the |
| 417 | state abutting or immediately adjacent to an improved beach, or |
| 418 | within 3 miles of an improved beach extending from the line of |
| 419 | mean high tide into such tidal waters, unless the county |
| 420 | commissioners of the county in which such beach is located shall |
| 421 | have first duly approved the application for such permit by |
| 422 | resolution. This subsection does not apply to leases on |
| 423 | submerged lands underlying the territorial waters of the state, |
| 424 | as defined in the Submerged Lands Act, 43 U.S.C. ss. 1301-1315, |
| 425 | where any structure or equipment above the surface of the water |
| 426 | is more than 3 miles from such improved beach. |
| 427 | (9) Without exception, after July 1, 1989, no permit to |
| 428 | drill a well in search of oil or gas shall be granted south of |
| 429 | 26°00'00" north latitude off Florida's west coast and south of |
| 430 | 27°00'00" north latitude off Florida's east coast, within the |
| 431 | boundaries of Florida's territorial seas as defined in 43 U.S.C. |
| 432 | 1301. After July 31, 1990, no permit to drill a well in search |
| 433 | of oil or gas shall be granted north of 26°00'00" north latitude |
| 434 | off Florida's west coast to the western boundary of the state |
| 435 | bordering Alabama as set forth in s. 1, Art. II of the State |
| 436 | Constitution, or located north of 27°00'00" north latitude off |
| 437 | Florida's east coast to the northern boundary of the state |
| 438 | bordering Georgia as set forth in s. 1, Art. II of the State |
| 439 | Constitution, within the boundaries of Florida's territorial |
| 440 | seas as defined in 43 U.S.C. 1301. |
| 441 | Section 6. Section 377.242, Florida Statutes, is amended |
| 442 | to read: |
| 443 | 377.242 Permits for drilling or exploring and extracting |
| 444 | through well holes or by other means.--The department is vested |
| 445 | with the power and authority: |
| 446 | (1)(a) To issue permits for the drilling for, exploring |
| 447 | for, or production of oil, gas, or other petroleum products |
| 448 | which are to be extracted from below the surface of the land, |
| 449 | including submerged land, only through the well hole drilled for |
| 450 | oil, gas, and other petroleum products. |
| 451 | 1. No structure intended for the drilling for, or |
| 452 | production of, oil, gas, or other petroleum products may be |
| 453 | permitted or constructed on any submerged land within any bay or |
| 454 | estuary. |
| 455 | 2. No structure intended for the drilling for, or |
| 456 | production of, oil, gas, or other petroleum products may be |
| 457 | permitted or constructed within 1 mile seaward of the coastline |
| 458 | of the state. |
| 459 | 3. No structure intended for the drilling for, or |
| 460 | production of, oil, gas, or other petroleum products may be |
| 461 | permitted or constructed within 1 mile of the seaward boundary |
| 462 | of any state, local, or federal park or aquatic or wildlife |
| 463 | preserve or on the surface of a freshwater lake, river, or |
| 464 | stream. |
| 465 | 4. No structure intended for the drilling for, or |
| 466 | production of, oil, gas, or other petroleum products may be |
| 467 | permitted or constructed within 1 mile inland from the shoreline |
| 468 | of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary |
| 469 | or within 1 mile of any freshwater lake, river, or stream unless |
| 470 | the department is satisfied that the natural resources of such |
| 471 | bodies of water and shore areas of the state will be adequately |
| 472 | protected in the event of accident or blowout. |
| 473 | 5. Without exception, after July 1, 1989, no structure |
| 474 | intended for the drilling for, or production of, oil, gas, or |
| 475 | other petroleum products may be permitted or constructed south |
| 476 | of 26°00'00" north latitude off Florida's west coast and south |
| 477 | of 27°00'00" north latitude off Florida's east coast, within the |
| 478 | boundaries of Florida's territorial seas as defined in 43 U.S.C. |
| 479 | s. 1301. After July 31, 1990, no structure intended for the |
| 480 | drilling for, or production of, oil, gas, or other petroleum |
| 481 | products may be permitted or constructed north of 26°00'00" |
| 482 | north latitude off Florida's west coast to the western boundary |
| 483 | of the state bordering Alabama as set forth in s. 1, Art. II of |
| 484 | the State Constitution, or located north of 27°00'00" north |
| 485 | latitude off Florida's east coast to the northern boundary of |
| 486 | the state bordering Georgia as set forth in s. 1, Art. II of the |
| 487 | State Constitution, within the boundaries of Florida's |
| 488 | territorial seas as defined in 43 U.S.C. s. 1301. |
| 489 | (b) Subparagraphs (a)1. and 4. do not apply to permitting |
| 490 | or construction of structures intended for the drilling for, or |
| 491 | production of, oil, gas, or other petroleum products pursuant to |
| 492 | an oil, gas, or mineral lease of such lands by the state under |
| 493 | which lease any valid drilling permits are in effect on the |
| 494 | effective date of this act. In the event that such permits |
| 495 | contain conditions or stipulations, such conditions and |
| 496 | stipulations shall govern and supersede subparagraphs (a)1. and |
| 497 | 4. |
| 498 | (c) The prohibitions of subparagraphs (a)1.-4. in this |
| 499 | subsection do not include "infield gathering lines," or other |
| 500 | pipelines for the purpose of transporting offshore production on |
| 501 | shore, provided no other placement is reasonably available and |
| 502 | all other required permits have been obtained. |
| 503 | (d) Subparagraphs (a)1.-3. do not apply to the permitting |
| 504 | or construction of offshore structures intended for the |
| 505 | exploration or production of oil, gas, or other petroleum |
| 506 | products where any structure or equipment above the surface of |
| 507 | the water is more than 3 miles seaward from the line of mean |
| 508 | high tide. |
| 509 | (2) To issue permits to explore for and extract minerals |
| 510 | which are subject to extraction from the land by means other |
| 511 | than through a well hole. |
| 512 | (3) To issue permits to construct wells for the injection |
| 513 | and recovery of any natural gas for temporary storage in |
| 514 | subsurface reservoirs. |
| 515 |
|
| 516 | Each permit shall contain an agreement by the permitholder that |
| 517 | the permitholder will not prevent inspection by division |
| 518 | personnel at any time. The provisions of this section |
| 519 | prohibiting permits for drilling or exploring for oil in coastal |
| 520 | waters do not apply to any leases entered into before June 7, |
| 521 | 1991. |
| 522 | Section 7. Subsection (1) of section 377.2425, Florida |
| 523 | Statutes, is amended to read: |
| 524 | 377.2425 Manner of providing security for geophysical |
| 525 | exploration, drilling, and production.-- |
| 526 | (1) Prior to granting a permit to conduct geophysical |
| 527 | operations; drilling of exploratory, injection, or production |
| 528 | wells; producing oil and gas from a wellhead; or transporting |
| 529 | oil and gas through a field-gathering system, the department |
| 530 | shall require the applicant or operator to provide surety that |
| 531 | these operations will be conducted in a safe and environmentally |
| 532 | compatible manner. |
| 533 | (a) The applicant for a drilling, production, or injection |
| 534 | well permit or a geophysical permit may provide the following |
| 535 | types of surety to the department for this purpose: |
| 536 | 1. A deposit of cash or other securities made payable to |
| 537 | the Minerals Trust Fund. Such cash or securities so deposited |
| 538 | shall be held at interest by the Chief Financial Officer to |
| 539 | satisfy safety and environmental performance provisions of this |
| 540 | chapter. The interest shall be credited to the Minerals Trust |
| 541 | Fund. Such cash or other securities shall be released by the |
| 542 | Chief Financial Officer upon request of the applicant and |
| 543 | certification by the department that all safety and |
| 544 | environmental performance provisions established by the |
| 545 | department for permitted activities have been fulfilled. |
| 546 | 2. A bond of a surety company authorized to do business in |
| 547 | the state in an amount as provided by rule. |
| 548 | 3. A surety in the form of an irrevocable letter of credit |
| 549 | in an amount as provided by rule guaranteed by an acceptable |
| 550 | financial institution. |
| 551 | (b) An applicant for a drilling, production, or injection |
| 552 | well permit, or a permittee who intends to continue |
| 553 | participating in long-term production activities of such wells, |
| 554 | has the option to provide surety to the department by paying an |
| 555 | annual fee to the Minerals Trust Fund. For an applicant or |
| 556 | permittee choosing this option the following shall apply: |
| 557 | 1. For the first year, or part of a year, of a drilling, |
| 558 | production, or injection well permit, or change of operator, the |
| 559 | fee is $4,000 per permitted well. |
| 560 | 2. For each subsequent year, or part of a year, the fee is |
| 561 | $1,500 per permitted well. |
| 562 | 3. The maximum fee that an applicant or permittee may be |
| 563 | required to pay into the trust fund is $30,000 per calendar |
| 564 | year, regardless of the number of permits applied for or in |
| 565 | effect. |
| 566 | 4. The fees set forth in subparagraphs 1., 2., and 3. |
| 567 | shall be reviewed by the department on a biennial basis and |
| 568 | adjusted for the cost of inflation. The department shall |
| 569 | establish by rule a suitable index for implementing such fee |
| 570 | revisions. |
| 571 | (c) This subsection does not apply to an applicant for a |
| 572 | drilling or operating permit for operations planned in coastal |
| 573 | waters that by their nature warrant greater surety shall provide |
| 574 | surety only in accordance with paragraph (a), or similar proof |
| 575 | of financial responsibility other than as provided in paragraph |
| 576 | (b). For all such applications, including applications pending |
| 577 | at the effective date of this act and notwithstanding the |
| 578 | provisions of paragraph (b), the Governor and Cabinet in their |
| 579 | capacity as the Administration Commission, at the recommendation |
| 580 | of the Department of Environmental Protection, shall set a |
| 581 | reasonable amount of surety required under this subsection. The |
| 582 | surety amount shall be based on the projected cleanup costs and |
| 583 | natural resources damages resulting from a maximum oil spill and |
| 584 | adverse hydrographic and atmospheric conditions that would tend |
| 585 | to transport the oil into environmentally sensitive areas, as |
| 586 | determined by the Department of Environmental Protection. |
| 587 | Section 8. This act shall take effect July 1, 2009. |