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Florida Oil and Gas Laws

Florida oil and gas laws can be found in Chapter 377, Title 28 of Florida Statutes.  Pursuant to Fla. Stat. § 377.06, it is the public policy of the state:

  • to conserve and control the natural resources of oil and gas , and the products made therefrom;
  • to prevent waste of said natural resources;
  • to provide for the protection and adjustment of the correlative rights of the owners of the land wherein said natural resources lie and the owners and producers of oil and gas resources and the products made therefrom, and of others interested therein;
  • to safeguard the health, property and public welfare of the citizens of said state and other interested persons and for all purposes indicated by the provisions herein.

Powers and Jurisdiction of the Division

The Division of Resource Management of the Department of Environmental Protection is vested with power, authority, and duty to administer, carry out, and enforce the provisions of oil and gas law[i].

The division has jurisdiction and authority over all persons and property necessary to administer and enforce effectively the provisions of this law and all other laws relating to the conservation of oil and gas[ii].

The division has the authority, and it is its duty, to make such inquiries as it may deem proper to determine whether waste, over which it has jurisdiction, exists or is imminent.

Regulation of Operation

The department should provide, by rule, for ratable takings in all pools on a reasonable and equitable basis.  The department should issue orders and adopt rules to implement and enforce the provisions of this statute.  Such rules and orders should ensure that all precautions are taken to prevent the spillage of oil or any other pollutant in all phases of the drilling for, and extracting of, oil, gas, or other petroleum products.  The department should revise such rules from time to time as necessary for the proper administration and enforcement of this statute[iii].

Civil Actions

Whenever it appears that any person is violating, or threatening to violate, any statute of this state with respect to the conservation of oil or gas, or both, or any provision of this law, or any rule, regulation or order made thereunder by any act done in the operation of any well producing oil or gas, or by omitting any act required to be done thereunder, the division may bring suit against such person in the Circuit Court in the County of Leon, state, or in the circuit court in the county in which the well in question is located, at the option of the division, or the Department of Legal Affairs, to restrain such person or persons from continuing such violation or from carrying out the threat of violation[iv].

Review

In all proceedings brought under authority of any oil or gas conservation statute of this state, or of any rule, regulation, or order made thereunder, and in all proceedings instituted for the purpose of contesting the validity of any provision of the law, or of any oil or gas conservation statute, or of any rule, regulation, or order made thereunder, review may be had as per statutory provisions[v].

Penalties

Any person who violates any provision of this law or any rule, regulation, or order of the division or who violates the terms of any permit to drill for or produce oil, gas, or other petroleum products, or any lessee, permit-holder, or operator of equipment or facilities used in the exploration for, drilling for, or production of oil, gas, or other petroleum products who refuses inspection by the division, is liable to the state for any damage caused to the air, waters, or property, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state.

Furthermore, such person, lessee, permit-holder, or operator is subject to the judicial imposition of a civil penalty in an amount of not more than $ 10,000 for each offense[vi].

 

[i] Fla. Stat. § 377.07.

[ii] Fla. Stat. § 377.21.

[iii] Fla. Stat. § 377.22.

[iv] Fla. Stat. § 377.34.

[v] Fla. Stat. § 377.35.

[vi] Fla. Stat. § 377.37.


Inside Florida Oil and Gas Laws