The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 377
ENERGY RESOURCES

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F.S. 377.241

377.241 Criteria for issuance of permits.—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 property vacant or presently developed for residential or business purposes or are in such a location or of such a nature as to make such improvements and developments a probability in the near future.

(2) The nature, type and extent of ownership of the applicant, including such matters as the length of time the applicant has owned the rights claimed without having performed any of the exploratory operations so granted or authorized.

(3) The proven or indicated likelihood of the presence of oil, gas or related minerals in such quantities as to warrant the exploration and extraction of such products on a commercially profitable basis.

(4) For activities and operations concerning a natural gas storage facility, the nature, structure, and proposed use of the natural gas storage reservoir is suitable for the storage and recovery of gas without adverse effect to public health or safety or the environment.

History.—s. 1, ch. 61-299; ss. 25, 35, ch. 69-106; s. 12, ch. 2013-205.

F.S. 377.241 on Google Scholar

F.S. 377.241 on Casetext

Amendments to 377.241

Arrestable Offenses / Crimes under Fla. Stat. 377.241

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 377.241.

Annotations, Discussions, Cases:

Cases from cite.case.law:

KANTER REAL ESTATE, LLC, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 267 So. 3d 483 (Fla. App. Ct. 2019)

. . . Section 377.241 sets forth the following relevant criteria for the Department to consider when deciding . . . As to the nature of the land, the Final Order states that section 377.241, Florida Statutes, requires . . . The Secretary then concluded that, "using the same criteria in Section 377.241, Florida Statutes, the . . . Section 377.241, Florida Statutes, governs the Department's decisions on oil and gas permits. . . . See § 377.241, Fla. . . .

COASTAL PETROLEUM COMPANY, v. FLORIDA WILDLIFE FEDERATION, INC. A. St., 766 So. 2d 226 (Fla. Dist. Ct. App. 1999)

. . . The decision in this case turns on the interpretation of section 377.241, Florida Statutes (1997): Criteria . . . The appellant asserts that in the past, DEP has issued permits when each criterion of section 377.241 . . . was wrongly interpreting the statute, which requires the agency to “weigh” the criteria of section 377.241 . . . appellant had adequate opportunity to be heard on the issue of the proper interpretation of section 377.241 . . .