Florida Senate - 2021 SB 546
By Senator Farmer
1 A bill to be entitled
2 An act relating to well stimulation; providing a short
3 title; amending s. 377.19, F.S.; defining the term
4 “extreme well stimulation”; creating s. 377.2405,
5 F.S.; prohibiting persons from engaging in extreme
6 well stimulation; prohibiting the Department of
7 Environmental Protection from issuing permits that
8 authorize extreme well stimulation; prohibiting the
9 department from authorizing certain permitholders to
10 engage in extreme well stimulation on or after a
11 specified date; imposing a specified fine for
12 violations; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
16 Section 1. This act may be cited as the “Stop Fracking
18 Section 2. Present subsections (4) through (32) of section
19 377.19, Florida Statutes, are redesignated as subsections (5)
20 through (33), respectively, a new subsection (4) is added to
21 that section, and present subsection (5) of that section is
22 amended, to read:
23 377.19 Definitions.—As used in ss. 377.06, 377.07, and
24 377.10-377.40, the term:
25 (4) “Extreme well stimulation” means all stages of a well
26 intervention performed by injecting fluids into a rock formation
27 in order to propagate fractures in or dissolve the rock
28 formation to increase production at an oil or gas well by
29 improving the flow of hydrocarbons from the formation into the
30 wellbore. The term also includes, but is not limited to, acid
31 fracturing, matrix acidizing, pneumatic fracturing, fracturing
32 with dynamic loading, and other techniques the purpose of which
33 is to physically deform the rock formation in such a manner as
34 to significantly increase the flow of hydrocarbons from the
35 formation into the wellbore. The term does not include routine
36 well cleanout work; routine well maintenance; routine treatment
37 for the purpose of removal of rock formation damage due to
38 drilling or other well construction activity; any bottom hole
39 pressure survey; any routine activity that does not affect the
40 integrity of the well or the rock formation; the removal of
41 scale or precipitate from well perforations, casing, or tubing;
42 or a gravel pack treatment that does not exceed the formation
43 fracture gradient.
(5) “Gas” means all natural gas, including casinghead
45 gas, and all other hydrocarbons not defined as oil in subsection
46 (16) (15).
47 Section 3. Section 377.2405, Florida Statutes, is created
48 to read:
49 377.2405 Well stimulation.—
50 (1) A person may not engage in extreme well stimulation in
51 this state.
52 (2) The department may not issue an oil or gas drilling or
53 operating permit authorizing extreme well stimulation.
54 (3) The department may not authorize any person holding a
55 permit issued pursuant to this chapter or rules adopted
56 thereunder to engage in extreme well stimulation on or after
57 July 1, 2021.
58 (4) The department shall fix, impose, and collect a fine of
59 up to $50,000 for each offense against any person, firm,
60 corporation, or governmental agency, or agent thereof, refusing
61 to comply with or willfully violating this section or any rule
62 or order prescribed by the department thereunder. Each day
63 during any portion of which such violation occurs constitutes a
64 separate offense.
65 Section 4. This act shall take effect July 1, 2021.