Fracking Bill preempts Home Rule
To the editor:
Fracking is a danger to the state’s delicate ecosystem and shallow, interconnected underground waterways. It could increase global warming by releasing methane gas, risk earthquake tremors in brittle limestone, and hurt property values and tourism business. Fracking, short for hydraulic fracturing, involves shooting water, sand and chemicals underground to wrestle out the natural gas and oil from the rock formations.
During the 2016 Florida Legislation session, about 50 environmental groups gathered at the capital to protest fracking-empowering legislation. Thirty-two counties and 48 Florida cities have already passed either a resolution or ordinance against fracking using their precious home rule power. Some local areas that have banned fracking are Bonita Springs, Estero, Cape Coral and Fort Myers Beach. The Florida Association of Counties was against the preempting home rule clause of the bills. Dr. Rich Templin, political director of the AFL-CIO, said the state’s 1-million-strong union voted against fracking technologies.
Southwest Florida and the Panhandle have become epicenters for oil and gas exploration within the state. The industry has spent about $15 million to buy mineral rights covering vast acreage in Collier, Lee and Hendry counties.
Four Democratic senators – Soto, Bullard, Clemens and Sobel – sponsored SB 166, a statewide ban on fracking, but it didn’t get a hearing in the Republican-dominated legislature.
The all-Republican Lee Legislative Delegation has led the way in pro-fracking bills. They took up fracking bills SB318/ HB191. The Lee Legislative Delegation members are: Rep. Dane Eagle, Rep. Matt Caldwell, Sen. Lizbeth Benacquisto, Rep. Ray Rodrigues, Rep. Heather Fitzenhagen and Sen. Garrett Richter.
Bills SB318/HB191 would regulate fracking throughout the state, but would also stop local bans on fracking. HB 191 was filed by Rep. Ray Rodrigues, R-Estero, and Rep. Cary Pigman, R-Avon Park. Sen. Garrett Richter, R-Naples, sponsored a similar bill (SB 318) in the Senate. Ironically, the conservatives who are against big government are voting to take away home rule for counties and municipalities.
I’ve bookmarked a great website: votesmart.org/candidate/ that tracks how elected officials vote on bills. The following representatives voted for HB 191 that would allow fracking but regulate at state level. Matt Caldwell, Heather Fitzenhagen, Dane Eagle, and Ray Rodrigues. The bill passed the state house on March 27, 2016, with a 73-45 vote.
Bill SB 318, an act relating to the regulation of oil and gas resources, would have imposed a temporary moratorium on fracking permits until a study of Florida’s hydrology is completed to determine what potential impact the operations will have on the state’s geology and fragile water supply. Sen. Richter argued that we need this statewide, regulatory framework instead of hundreds of individual sets of rules. Dr. Templin argued that this bill would facilitate fracking in the state. By a 10-9 vote, the senate committee narrowly rejected the SB 318 bill. Lizbeth Benacquisto, R-Fort Myers, voted against bill, but then changed her mind and re-introduced the bill to keep it alive for the remainder of the session. Later Sen. Richter withdrew his bill.
The grassroots efforts paid off in blocking this harmful legislation this time. We don’t need fracking in a place such Florida. The limestone bedrock and the shallow aquifers are asking for trouble for contaminated ground water and possible earthquakes and sinkholes.
The Republicans appear to have lost touch with their constituents. They missed the memo from the cities and counties signaling that it is unacceptable to have fracking anywhere in Florida. The legislators disregarded constitutional local control and have for years ignored Florida legislation that would entirely ban fracking. It is expected that pro-fracking measures will come up again next session, so it is up to you to contact the Lee Delegation and let them know you are going to hold them accountable. Ask them to totally ban fracking in Florida. Just tell them, “not in our frack yard!”
Sandra McClinton
Second Vice President
Democratic Women’s Club of Florida
Former Chair
Lee County Democratic Party

