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Florida Constitution Revision Commission

PUB 700687: Hydraulic Fracturing ("Fracking") Prohibited; Implementation by Charles R. McCoy

ARTICLE II: GENERAL PROVISIONS, New Section.

Catchline: Hydraulic Fracturing Prohibited; Implementation

(1) The process or technique known as acid or hydraulic fracturing ("fracking"), in all forms, is prohibited on all land; including submerged land to the full extent of the state's territorial waters. All pending applications, by whatever name and before any governmental or regulatory entity, to conduct fracking are denied by operation of this amendment. This subsection shall be liberally construed to prohibit fracking, and shall apply retroactively to October 1, 2017.

(2) The Department of Environmental Regulation shall enforce this amendment. If it fails to do so after reasonable notice, any nationwide or statewide enviromental organization which demonstrates standing may bring suit in Leon County circuit court to obtain injunctive relief against the department for enforcement of this amendment. If the organization prevails, it shall be entitled to reasonble attorney fees and costs as provided in sub-section (3); but the organization shall not be liable for the department's attorney fees and costs if it does not prevail. This amendment does not limit or preclude any other remedy available to an organization.

(3) Each fiscal year, one-tenth of the money designated by Art. X, sec.28(a) [Land Acquisition Trust Fund] may be expended by the Department of Environmental Regulation to enforce this amendment; or used by a court when ordering payment to an organization, without further action by the legislature. The money designated by this sub-section may not be used for any other purpose. Any portion unexpended at the end of each fiscal year and not subject to a pending court order shall remain in the Land Acquisition Trust Fund as if this amendment had not been adopted. This sub-section shall take effect July 1, 2019.

(4) Except for sub-section (3), this amendment shall take effect upon passage and operate without further action by the legislature. Should any provision of this amendment be invalidated under the U.S. Constitution, such provision shall be severed and the remainder of this amendment continue in effect. This sub-section shall be liberally construed in favor of severance of the invalid provision, and continuation of the remaining provisions.