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Florida Statutes, Title XXVIII

Florida/Statutes

← All Florida coverage

Title XXVIII, Natural Resources; Conservation, Reclamation, and Use

9 chapters · 738 sections in this title.

All chapters in Title XXVIII738 Ch 373, Water Resources248 Ch 379, Fish and Wildlife Conservation177 Ch 376, Pollutant Discharge Prevention and R…77 Ch 377, Energy Resources73 Ch 380, Land and Water Management70 Ch 378, Land Reclamation43 Ch 369, Conservation22 Ch 375, Outdoor Recreation and Conservation …15 Ch 374, Navigation Districts; Waterways Deve…13

73 sections·Filtered byTitle XXVIII✕Ch 377✕

Fla. Stat. § 377.01 Governor to enter into interstate compact to conserve oil and gas
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The Governor of the state is hereby authorized and directed, for and in the name of the state, to join with other states in the interstate compact to conserve oil and gas, which was heretofore executed in the City of Dallas, Texas, on February 16, 1935, and is now deposited with …
Fla. Stat. § 377.03 Extension of compact
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The Governor of Florida is further authorized and empowered, for and in the name of the state, to execute agreements for the further extension of the expiration date of the said “The Interstate Oil Compact” to conserve oil and gas, and to determine if and when it shall be for the…
Fla. Stat. § 377.04 Official report of state
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The Governor shall be the official representative of the state on the Interstate Oil Compact Commission, provided for in the compact to conserve oil and gas, and shall exercise and perform for the state all the powers and duties as a member of the Interstate Oil Compact Commissio…
Fla. Stat. § 377.06 Public policy of state concerning natural resources of oil and gas
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It is hereby declared the public policy of this state to conserve and control the natural resources of oil and gas in this state, and the products made from oil and gas in this state; to prevent waste of natural resources; to provide for the protection and adjustment of the corre…

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Fla. Stat. § 377.07 Division of Resource Management; powers, duties, and authority

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The Division of Resource Management of the Department of Environmental Protection is hereby vested with power, authority, and duty to administer, carry out, and enforce the provisions of this law as directed in 1s. 370.02(3).History.—s. 2, ch. 22819, 1945; s. 8, ch. 61-231; ss. 2…

Fla. Stat. § 377.075 Division of Technical Services; geological functions

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(1) PERSONNEL.—The Department of Environmental Protection shall, through the Division of Technical Services, establish the Florida Geological Survey and employ such suitable persons as in the judgment of the department may be necessary to conduct the geological survey of the stat…

Fla. Stat. § 377.10 Certain persons not to be employed by division

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No person in the employ of, or holding any official connection or position with any person, firm, partnership, corporation, or association of any kind, engaged in the business of buying or selling mineral leases, drilling wells in the search of oil or gas, producing, transporting…

Fla. Stat. § 377.18 Common sources of oil and gas

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All common sources of supply of oil or native gas shall have the production controlled or regulated in accordance with the provisions of this law.History.—s. 13, ch. 22819, 1945; s. 6, ch. 2013-205.

Fla. Stat. § 377.19 Definitions

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As used in ss. 377.06, 377.07, and 377.10-377.40, the term:(1) “Completion date” means the day, month, and year that a new productive well, a previously shut-in well, or a temporarily abandoned well is completed, repaired, or recompleted and the operator begins producing oil or g…

Fla. Stat. § 377.20 Waste prohibited

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Waste of oil or gas defined in this law is hereby prohibited.History.—s. 15, ch. 22819, 1945.

Fla. Stat. § 377.21 Jurisdiction of division

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(1) The division shall have 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 or to the storage of gas in and recovery of gas from natu…

Fla. Stat. § 377.22 Rules and orders

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(1) The department shall provide, by rule, for ratable takings in all pools on a reasonable and equitable basis.(2) The department shall issue orders and adopt rules pursuant to ss. 120.536 and 120.54 to implement and enforce the provisions of this chapter. Such rules and orders …

Fla. Stat. § 377.23 Monthly reports to division

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Every producer of oil or gas in the state shall submit to the division, on forms prescribed by the division, a monthly report of the actual production from each and every oil and gas well operated by him or her. Such producer shall submit a duplicate copy of such report at the sa…

Fla. Stat. § 377.24 Notice of intention to drill well; permits; abandoned wells and dry holes

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(1) Before drilling a well in search of oil or gas, or before storing gas in or recovering gas from a natural gas storage reservoir, the person who desires to drill for, store, or recover gas, or drill for oil or gas, shall notify the division upon such form as it may prescribe a…

Fla. Stat. § 377.2407 Natural gas storage facility permit application to inject gas into and recover gas from a natural gas storage reservoir

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(1) Before drilling a well to inject gas into and recover gas from a natural gas storage reservoir, the person who desires to conduct such operation shall apply to the department in the manner described in this section using such form as the department may prescribe to obtain a n…

Fla. Stat. § 377.2408 Application to conduct geophysical operations

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(1) Before any geophysical operation in search of oil, gas, or minerals shall be conducted, the person desiring to conduct such operation shall make application to the department upon such forms as it may prescribe and shall pay a reasonable fee for processing.(2) Each applicatio…

Fla. Stat. § 377.2409 Geophysical activities; confidential information; penalties

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(1) Whenever geophysical activities are conducted on state-owned mineral lands, the person conducting such activities shall furnish to the division, acting as agent of the owner of the minerals, upon written request, a copy of the noninterpreted information derived from the geoph…

Fla. Stat. § 377.241 Criteria for issuance of permits

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The division, in the exercise of its authority to issue permits as hereinafter provided, shall give consideration to and be guided by the following criteria:(1) The nature, character and location of the lands involved; whether rural, such as farms, groves, or ranches, or urban pr…

Fla. Stat. § 377.2411 Lawful right to drill, develop, or explore

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Before applying for a drilling permit, the applicant or operator must acquire a lawful right to drill, explore, or develop from a majority of the mineral interests within a drilling unit. This acquired right may be in the form of mineral ownership, a lease, farmout, or any other …

Fla. Stat. § 377.242 Permits for drilling or exploring and extracting through well holes or by other means

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(1) The department is vested with the power and authority:(a) To issue permits for the drilling for, exploring for, or production of oil, gas, or other petroleum products which are to be extracted from below the surface of the land, including submerged land, only through the well…

Fla. Stat. § 377.2421 Division to review federal applications

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(1) The division shall review all applications for federal oil leases in the territorial waters of the United States adjacent to Florida waters and shall signify its approval or objection to each application.(2) The division shall maintain geologic data in the form of well record…

Fla. Stat. § 377.2424 Conditions for granting permits for geophysical operations

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Exploration for oil, gas, or minerals by means of geophysical activities shall be exercised only pursuant to permit issued by the department, upon the applicant’s complying with the following conditions:(1) The applicant must have legal permission, which can be in the form of a l…

Fla. Stat. § 377.2425 Manner of providing security for geophysical exploration, drilling, and production

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(1) Prior to granting a permit to conduct geophysical operations; drilling of exploratory, injection, or production wells; producing oil and gas from a wellhead; or transporting oil and gas through a field-gathering system, the department shall require the applicant or operator t…

Fla. Stat. § 377.2426 Abandonment of geophysical holes

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Each hole drilled as part of permitted geophysical operations shall be plugged promptly in the manner prescribed by the department.History.—s. 4, ch. 80-283.

Fla. Stat. § 377.243 Conditions for granting permits for extraction through well holes

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(1) Prior to the application to the Division of Resource Management for the permit to drill for oil, gas, and related products referred to in s. 377.242(1), the applicant must own a valid deed, or other muniment of title, or lease granting said applicant the privilege to explore …

Fla. Stat. § 377.2431 Conditions for granting permits for natural gas storage facilities

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(1) A natural gas storage facility permit shall authorize the construction and operation of a natural gas storage facility and must be issued for the life of the facility, subject to recertification every 10 years.(2) Before issuing or recertifying a permit, the department shall …

Fla. Stat. § 377.2432 Natural gas storage facilities; protection of water supplies

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(1) An operator of a natural gas storage facility who affects a public or private underground water supply by pollution or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the sup…

Fla. Stat. § 377.2433 Protection of natural gas storage facilities; remedies

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(1) The department may not authorize the drilling of any well into or through a permitted natural gas storage reservoir or reservoir protective area, except upon conditions deemed by the department to be sufficient to prevent the loss, migration, or escape of gas from the natural…

Fla. Stat. § 377.2434 Property rights to injected natural gas

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(1) All natural gas that has previously been reduced to possession and that is subsequently injected into a natural gas storage facility is at all times the property of the injector or the injector’s heirs, successors, or assigns, whether owned by the injector or stored under con…

Fla. Stat. § 377.2435 Rule adoption relating to natural gas storage

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The Department of Environmental Protection shall adopt rules relating to natural gas storage before issuing a natural gas storage facility permit.History.—s. 25, ch. 2013-205.

Fla. Stat. § 377.244 Conditions for granting permits for surface exploratory and extraction operations

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(1) Exploration for and extraction of minerals under and by virtue of the authority of a grant of oil, gas, or mineral rights, or which, subsequent to such grant, may be interpreted to include the right to explore for and extract minerals which are subject to extraction from the …

Fla. Stat. § 377.245 Provision for distribution of earnings to lessees or owners of the fractional undivided mineral rights not owned by applicant for permit under ss. 377.243 and 377.244

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Lessees or owners of the fractional undivided oil, gas or other mineral rights in lands described in permits issued under the provisions of ss. 377.243 and 377.244, not owned by the applicant named in said permits, shall, as to all productive wells or surface mineral operations o…

Fla. Stat. § 377.247 Designation and distribution of earnings owed to owners of mineral rights who are unknown or unlocated

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(1) In the event that the operator of a well cannot locate the owner of a minority mineral interest within a drilling unit or the identity of the minority mineral interest owner remains unknown to the operator after reasonable and diligent attempts to locate said owner, the opera…

Fla. Stat. § 377.25 Production pools; drilling units

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(1) No rule, regulation or order of the division shall be such in terms or effect:(a) That it shall be necessary at any time for the producer from, or the owner of, a tract of land in the pool, in order that he or she may obtain such tract’s just and equitable share of the produc…

Fla. Stat. § 377.26 Location of wells

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Whenever the division fixes the location of any well or wells on the surface, the point at which the maximum penetration of such well into the producing formation is reached shall not unreasonably vary from the vertical drawn from the center of the hole at the surface; provided, …

Fla. Stat. § 377.27 Drilling units

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(1) When two or more separately owned tracts of land are embraced within an established drilling unit, the owners thereof may validly agree to integrate their interest and to develop their lands as a drilling unit. Where, however, such owners have not agreed to integrate their in…

Fla. Stat. § 377.28 Cycling, pooling, and unitization of oil and gas

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(1) The department may consider the need for the operation as a unit of an entire field, or of any pool or pools, portion or portions, or combinations thereof within a field, for the production of oil or gas, or both, and other minerals which may be associated and produced therew…

Fla. Stat. § 377.29 Agreements in interest of conservation

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Agreements made in the interest of conservation of oil or gas, or both, or for the prevention of waste, between and among owners and operators, or both, owning separate holdings in the same oil or gas pool, or in any area that appears from geological or other data to be underlaid…

Fla. Stat. § 377.30 Limitation on amount of oil or gas taken

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(1) Whenever the total amount of oil or gas which all the pools in the state can produce exceeds the amount reasonably required to meet the reasonable market demand for oil or gas in this state, then the division shall limit the total amount of oil or gas which may be produced in…

Fla. Stat. § 377.31 Evidence of rules and orders

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A certified copy of any division rule, regulation, or order shall be received in evidence in all courts of this state with the same effect as the original thereof.History.—s. 25, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95.

Fla. Stat. § 377.32 Issuance of subpoenas; service, etc

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(1) The division is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the division as may be material upon questions lawfully b…

Fla. Stat. § 377.33 Injunctions against division

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(1) Any interested person adversely affected by any statute of this state with respect to conservation of oil or gas, or both, or by provisions of this law may seek relief by a suit for injunction against the division, as defendant, or the members thereof by suit in the chancery …

Fla. Stat. § 377.34 Actions and injunctions by division

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(1) Whenever it appears that a 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 by any act done in the operation of a well produci…

Fla. Stat. § 377.35 Suits, proceedings, appeals, etc

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In all proceedings brought under authority of this law, or 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 a…

Fla. Stat. § 377.36 False entries and statements; incomplete entries; penalties

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Any person who, for the purpose of evading this law, or of evading any rule, regulation, or order made hereunder, shall intentionally make, or cause to be made, any false entry or statement of fact in any report required to be made by this law, or by any rule, regulation, or orde…

Fla. Stat. § 377.37 Penalties

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(1)(a) Any person who violates this law or any rule, regulation, or order of the division made under this chapter or who violates the terms of any permit to drill for or produce oil, gas, or other petroleum products referred to in s. 377.242(1) or to store gas in a natural gas st…

Fla. Stat. § 377.371 Pollution prohibited; reporting, liability

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(1) A person drilling for or producing oil, gas, or other petroleum products, or storing gas in a natural gas storage facility, may not pollute land or water; damage aquatic or marine life, wildlife, birds, or public or private property; or allow any extraneous matter to enter or…

Fla. Stat. § 377.38 Illegal oil, gas, and other products; sale, purchase, acquisition, transportation, refining, processing, or handling prohibited

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(1) The sale, purchase, or acquisition, or the transportation, refining, processing, or handling in any other way, of illegal oil, illegal gas, or illegal product is hereby prohibited.(2) Unless and until the division provides for certificates of clearance or tenders, or some oth…

Fla. Stat. § 377.39 Seizure and sale of illegal oil, gas, or product

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(1) Apart from, and in addition to, any other remedy or procedure which may be available to the division, or any liquidated damages which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all ille…

Fla. Stat. § 377.40 Negligently permitting gas and oil to go wild or out of control

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(1) In order to protect further the gas fields and oil fields in the state, it is hereby declared to be unlawful for any person to permit negligently any gas or oil well to go wild or to get out of control. The owner of any such well shall, after 24 hours’ written notice by the d…