Florida Senate - 2016                                    SJR 358
       
       
        
       By Senator Ring
       
       
       
       
       
       29-00358-16                                            2016358__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         29 of Article X of the State Constitution to prohibit
    4         hydraulic fracturing in this state.
    5          
    6  Be It Resolved by the Legislature of the State of Florida:
    7  
    8         That the following creation of Section 29 of Article X of
    9  the State Constitution is agreed to and shall be submitted to
   10  the electors of this state for approval or rejection at the next
   11  general election or at an earlier special election specifically
   12  authorized by law for that purpose:
   13  
   14                              ARTICLE X                            
   15                            MISCELLANEOUS                          
   16         SECTION 29. Hydraulic fracturing.—
   17         (a) DEFINITION.—As used in this section, the term
   18  “hydraulic fracturing” means any process that expands existing
   19  fractures or creates new fractures in a rock formation by
   20  injecting fluids into or underneath the surface of the rock
   21  formation for the purpose of exploring for or producing oil or
   22  natural gas resources.
   23         (b) PROHIBITION.—Hydraulic fracturing is prohibited in the
   24  State of Florida.
   25         (c) ENFORCEMENT.—A person aggrieved by a violation of this
   26  section may bring a civil action in a court of competent
   27  jurisdiction. The state attorney general may bring a civil
   28  action to enforce this section. Upon prevailing, a person
   29  brining the action shall be awarded reasonable attorney fees and
   30  costs. An action to enforce this section is subject to a statute
   31  of limitations of four years.
   32         (d) PENALTY.—A person who violates this section is subject
   33  to a fine payable to the state in the amount of $10,000 for each
   34  violation. Each day a violation continues constitutes a separate
   35  violation.
   36         (e) LIABILITY.—A person who violates this section is liable
   37  for any damage caused to the air, waters, or real property,
   38  including animal, plant, or aquatic life, and for reasonable
   39  costs and expenses in tracing the source of the discharge, in
   40  controlling and abating the source and the pollutants, and in
   41  restoring the air, waters, and real property, including animal,
   42  plant, and aquatic life.
   43         (f) IMPLEMENTATION.—Implementing legislation is not
   44  required in order to enforce this amendment.
   45         BE IT FURTHER RESOLVED that the following statement be
   46  placed on the ballot:
   47                      CONSTITUTIONAL AMENDMENT                     
   48                        ARTICLE X, SECTION 29                      
   49         PROHIBITION OF HYDRAULIC FRACTURING IN THE STATE OF
   50  FLORIDA.—Proposing an amendment to the State Constitution to
   51  prohibit the practice of hydraulic fracturing in the State of
   52  Florida; providing a cause of action; providing a penalty for
   53  each violation and liability for damages an expenses.