Whether or not drilling in federal waters off Florida’s shores is on the table or off remains murky, but chances are growing that Floridians will get to vote this fall on an amendment to the state's constitution to ban drilling in the state's offshore waters.
Locally, the city of New Smyrna Beach is the only city that has gone on the record opposing offshore drilling, and City Commissioner Jake Sachs is watching closely the five-year federal offshore drilling and exploration planning process and the drilling ban proposed to the state's Constitution Revision Commission. The two issues are unfolding simultaneously.
It would be “awesome” if the drilling ban makes it on to the ballot in the fall,” said Sachs. “I’m sure the voters would say no (to drilling) overwhelmingly.”
The Department of the Interior unveiled a five-year plan for offshore exploration and development in January. The plan proposed opening more than 90 percent of the nation’s total outer continental shelf acreage to exploration and development, and allowing the largest number of lease sales in United States history.
After immediate and angry opposition from Florida, Interior Secretary Ryan Zinke quickly flew to a meeting with Gov. Rick Scott in Tallahassee, then announced on Twitter that drilling was off the table in Florida.
But his remarks were immediately criticized by both supporters and opponents of the energy plan, and set off a debate that continues to roil. It infuriated elected officials in other states who oppose opening new leases or expanding drilling, and Zinke has been mired in controversy over his position on Florida ever since.
Comments by Zinke and members of his staff in meetings elsewhere in the country have offered little clarity to the debate.
Interior secretary's position questioned
Zinke was grilled about his actions in Florida in hearings on his budget last week before U.S. Senate and House committees, and asked why Florida would get an exemption and not other states.
“Florida did not get an exemption,” Zinke told a House Committee on Natural Resources on Thursday. He then explained: “Every member, both sides of the aisle wrote a letter; second, the governor asked for an immediate meeting; third, there’s a little thing called the federal moratorium.” He pointed out the federal moratorium is in place until 2022 and extends more than 100 miles off the coast."
Zinke defended his action saying he could have left Florida off the list entirely in the beginning because of the moratorium. “Had I left Florida off it would have been arbitrary and capricious," he said.
Before the Senate Committee on Energy and Natural resources on Tuesday, he said, “Florida is still in the process.”
Florida Sen. Bill Nelson, a Democrat, immediately pounced on Zinke’s comments, saying the secretary continues to contradict himself.
“It’s becoming clear that no one really knows what offshore drilling deal Secretary Zinke cut with the governor of Florida, including Zinke himself,” Nelson stated. “More and more, it’s beginning to sound like no deal really exists and, as feared, it’s all one big political sleight of hand.”
But on Friday the press office for Republican Gov. Rick Scott, who is widely expected to challenge Nelson's bid for re-election this year, stated the governor is "confident that Secretary Zinke will honor his commitment that there will be no drilling off Florida’s coasts."
"Our office has spoken with the Department of Interior who reaffirmed the Secretary’s commitment," Scott's press office stated.
While the Interior Department’s plan addresses only exploration and drilling in federal waters, Floridians are moving ever closer toward a potential vote this fall on banning drilling in state waters.
Constitution panel reviews ban proposal
Of 103 proposals to the state's Constitution Revision Commission, only 37 made it to the final stages of review, said commission member Jacquie Thurlow-Lippisch, former mayor of the town of Sewall’s Point in Southeast Florida.
The drilling ban, Proposal 91, is the sole remaining environmentally related proposal before the commission, said Thurlow-Lippisch, who has shepherded the proposal through the process.
The Florida Wildlife Federation wrote the proposed amendment, a version of an anti-drilling measure it tried to get on the ballot in 2010. If approved by voters, it would prohibit drilling within three miles of the Atlantic coast and nine miles off the Gulf Coast.
“It’s got a reasonable chance of getting on the ballot,” said Manley Fuller, the Federation's executive director. Federation members were among many who attended a rally last week in St. Petersburg, where the commission conducted the last of six public hearings around the state to accept comments on the remaining proposals.
If Florida passes a constitutional amendment prohibiting oil and gas drilling in state waters, Fuller said that sends a signal to federal officials that “we don’t want drilling in the Eastern Gulf and we don’t want drilling in the Atlantic waters.”
This week, the entire review commission will begin meeting to hash out which of the remaining proposals will be taken to the next step, style and drafting, said Thurlow-Lippisch. Fourteen of the 35 commission members have signed on as co-sponsors of the drilling ban proposal with Thurlow-Lippisch, including Chairman Carlos Beruff, who agreed to sign on late last week.
After the proposals are submitted for drafting of ballot language, the commission will have one more review period. Their work must be done by May 9.
“I feel really good about it, but I don’t want to be too confident because you never know what will happen,” Thurlow-Lippisch said. “You can’t control the federal government but you can control your state waters. And why in God’s name would you ever want oil wells in that area?”
If the ballot amendment were approved, Florida would be the first state to ban drilling in its constitution, she said. “It would be a truly historic thing.”
The public comment period for the federal government’s proposed five-year plan ended March 9. The department’s website indicates it received more than 639,000 comments, including 10,588 viewable online.
It isn’t immediately apparent where each of the commenters stands, but many wrote in opposition. Margaret Tolbert, a Florida artist who advocates to protect Florida’s water and natural resources, wrote a letter of opposition.
"Obviously for the health of waterways, oceans and benthic environments, NO DRILLING," Tolbert wrote. "Do not gamble with our health and nature's health."
But, Florida resident John Duris wrote to say that he felt "no state should be excluded from the measure."
Noah Valenstein, secretary of Florida’s Department of Environmental Protection, also wrote to reiterate the state's opposition, despite Zinke's comments.
“Florida's coastal and offshore areas have high environmental, economic and military value not only for Florida, but also for the nation,” wrote Valenstein. “These areas provide great economic impact for our citizens and provide each resident with recreational opportunities that are unique to Florida.”
He asked the department to give primary consideration to “long-term protection of Florida’s unique and sensitive resources.” The state remains "concerned by the potential impacts on marine and coastal environments and the biological resources and critical habitats associated with them," Valenstein wrote, "as well as the military activities critical to our nation's security."
“After a recent meeting with Governor Scott, Secretary Zinke announced that Florida was off the table for future consideration for offshore oil drilling,” Valenstein wrote. “As we have seen in the past, oil spills can have a devastating impact to Florida's economy and our diverse natural resources.”
Zinke told the House committee Thursday that “every member of the Florida delegation, both Republican and Democrat, either wrote me a letter or a statement in strong opposition to drilling off the coast of Florida."
The ocean advocacy group Oceana is one of many opposed to offshore drilling and exploration, stating both pose “a direct threat” to Florida’s coastal tourism and other local businesses. The group released a study last week stating that fishing, tourism and recreation on Florida’s Atlantic Coast support 281,000 jobs and generate $36.6 billion a year. Instead of pursuing oil and gas, the group said, Florida should pursue more wind energy.
But the National Ocean Industries Association, a trade association representing the offshore drilling industry, has said offshore exploration through the leasing program is critical for understanding the resources available offshore.
Zinke testified last week that exploration is crucial even for local governments looking for sand for beach renourishment projects.
The Ocean Industries Association has opposed Zinke’s stand on Florida, calling his decision “disappointing and premature.”
The department should first complete the required length review process before any of the proposal is finalized, the group stated.
“For a state whose tourism economy is dependent on a secure and affordable transportation fuel supply, failure to secure domestic production and supply of fuels actually is a greater economic risk than offshore development,” the Ocean Industries Association said.
Sachs of New Smyrna Beach insists the risks are too great.
“There’s always the possibility of another Deepwater Horizon (oil spill),” he said, referring to the 2010 disaster off Louisiana's coast. “I don’t know how far offshore they could drill be. We do know that with tides and currents that stuff could end up here, let alone killing off all the wildlife we depend on for a balanced ecosystem.”
For more information on the federal plan: https://www.doi.gov/pressreleases/secretary-zinke-announces-plan-unleashing-americas-offshore-oil-and-gas-potential
For more information on Proposal 91: http://www.flcrc.gov/Proposals/Commissioner/2017/0091