By Karen Edelstein, Eastern Program Coordinator
Florida, where there has long been an interest in drilling for oil, has recently come into the cross-hairs for unconventional extraction several miles beneath the state. Oil drilling has had spotty and elusive success in the Sunshine State, but new technologies like hydraulic fracturing – fracking – could potentially provide access to those energy resources. Currently, Florida is in a gray zone, however, with no clear regulatory authority over unconventional drilling, but no clear mandate to prevent it either.
In 2014, fracking came to the forefront when the Florida Department of Environmental Protection disclosed that in 2013, the Dan A. Hughes Company filed for a permit to use unconventional drilling techniques to rework an existing conventional well in Naples without a thorough review of the plans by regulators, and fracked the well later that year. As a result, the permit was revoked. Hughes had leases on 115,000 acres of land for additional wells, much of which was in environmentally sensitive areas of the Florida Everglades, bordering the Florida Panther National Wildlife Refuge and Big Cypress National Preserve. After legal pressure from the State of Florida, as well as environmental groups Preserve our Paradise, the Stone Crab Alliance, and South Florida Wildlands Association, the company abandoned their plans for drilling in the area. FracTracker covered this story in a previous blog entry.
A plan to regulate fracking in Florida was unveiled in November 2014. A slate of regulations was drafted by the Orange County League of Women Voters and students in the Environmental and Earth Clinic at Barry Law School, and drew upon examples from 14 states that had already grappled with the issue. While this plan specifies how, when, and where fracking may occur in Florida, it also leaves open the option for communities to ban the practice within its bounds altogether. Democratic Senators Darren DeSoto and Dwight Bulland introduced a bill (SB 166) in the 2015 legislative session that would ban fracking entirely, but they also emphasized the need for rules to be in place governing the practice, were that ban to be overturned. That bill did not advance beyond the Senate’s Environmental Preservation and Conservation Committee, but was reintroduced in August 2015, with additional components that would also prohibit well stimulation.
In April 2015, two bills were presented on the floor of the State Senate and House of representatives: one to create regulations on the practice of fracking (SB 1468), and another that would permit non-disclosure of fracking chemicals by industry (SB 1582). Both bills passed in committee in April 2015, and are set to move on to further consideration by the full House and Senate.
In late April 2015, a bill (HB 1205) passed in the Florida House that would allow fracking to continue, but would put a moratorium on the practice until a study and regulations were in place. HB 1209, would also have exempted industry from disclosure of fracking chemicals. Because the Senate did not take up discussion on either bill and due to an early adjournment of the House, however, neither the Senate nor the House moved ahead on either bill during the 2015 Legislative session.
Using a similar strategy to New York State, which successfully banned high volume hydraulic fracturing for gas in June 2015, dozens of communities across Florida have taken to passing resolutions against unconventional drilling within their municipal bounds. The resolutions cite concerns about water quality, habitat protection, and impacts on endangered species that may result from this technology that aims to extra oil from rock layers more than 14,000 feet below the surface.
In July 2015, the Bonita Springs, Florida (Lee County) took their resolution one step further; the city council unanimously approved a ban on fracking within the city limits. Collier Resources, owner of thousands of acres of land within Bonita Springs, vigorously objected, and threatened lawsuits against the city’s decision. The company is predicting that the ban will be overturned by statewide legislation that permits fracking to occur. Meanwhile, Estero Village, also in Lee County, plans to take up legislation for a similar ban this month, with a vote expected on December 16th, 2015.
On the cusp of this vote, the concerns of dozens of communities across Florida have been registered in local resolutions opposing hydraulic fracturing within their municipal boundaries. Meanwhile, bills that would remove the rights of local municipalities to regulate fracking (HB 191 and SB 318) are also proceeding through legislative channels and will be taken up by the Florida State Legislature when it reconvenes in January 2016.
Florida Resolutions Map
This map shows the locations of those communities, most recently updated November 2016. Click here for a full-screen view with map legend.
Community activists in Estero Village are in a race against time to pass this ban; opposing legislation is before the Florida State Legislature that would make it so that only the state, not municipalities, can exercise authority over oil exploration.
The 2016 legislative session will present many important debates and votes on this important issue.
- Barry Law School and League of Women Voters propose regulations for fracking in Florida, Orlando Weekly
- Battle to Keep Florida Frack-Free Heats Up, DeSmog Blog
- Estero Fracking Ban Clears Hurdle, NewsPress.com