270.11

Contracts for sale of public lands to reserve certain mineral rights; prohibition on exercise of right of entry in certain cases.

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270.11 Contracts for sale of public lands to reserve certain mineral rights; prohibition on exercise of right of entry in certain cases.—

(1) Unless the applicable agency chooses not to reserve such interest and except as otherwise provided by law, in all contracts and deeds for the sale of land executed by the Board of Trustees of the Internal Improvement Trust Fund or by any local government, water management district, or other agency of the state, there shall be reserved for such local government, water management district, other agency of the state, or the board of trustees and its successors an undivided three-fourths interest in, and title in and to an undivided three-fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same.

(2)(a) The Board of Trustees of the Internal Improvement Trust Fund may, in its discretion, sell or release any reserved interest or any portion thereof in or as to any particular parcel of land, and the State Board of Education may sell or release any such interest or any portion thereof which was reserved for said board pursuant to this section prior to September 1, 1967. Such sale or release shall be made on application of the owner of the title to the particular parcel of land with statement of reason justifying such sale or release.

(b) A local government, a water management district, or an agency of the state may, at its discretion, sell or release reserved interest in any parcel of land, except that such sale or release shall be made upon petition of the owner of the parcel of land with a statement of reasons justifying such sale or release.

(3) The right of entry to any interest in phosphate, minerals, and metals or any interest in petroleum reserved in favor of the Board of Trustees of the Internal Improvement Trust Fund, the State Board of Education, a local government, a water management district, or other agency of the state is released for any parcel of property that is, or ever has been, a contiguous tract of less than 20 acres in the aggregate under the same ownership.

(4) Any state agency, except a water management district, which receives royalties for parcels shall remit any such moneys into the General Revenue Fund, unless otherwise provided by law.

History.—ss. 1, 2, ch. 6159, 1911; RGS 1226; CGL 1771; s. 1095, ch. 19355, 1939; CGL 1940 Supp. 892(414); s. 1, ch. 26849, 1951; s. 1, ch. 59-220; s. 2, ch. 61-119; ss. 27, 35, ch. 69-106; s. 76, ch. 71-355; s. 1, ch. 86-205; s. 1, ch. 86-257; s. 9, ch. 2001-256; s. 1, ch. 2019-85.

Notes of Decisions

Cited in 6 cases, 1944–1975 · leading case: Aerojet-General Corp. v. Askew

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Aerojet-General Corp. v. Askew (1975) ca5 · cites it 2× “His reply states, “The statutory rights and reservations referred to in the subject portion of this lease with option to purchase are those contemplated in Section 270.11, Florida Statutes.” C. Interpretation of F.”

Trustees of Tufts College v. Triple R. Ranch, Inc. (1973) fla “Section 270.11, F.S.A., that required the reserving from all sales of public lands by the Trustees of the Internal Improvement Fund and the State Board of Education of a three-fourths state interest in phosphate, minerals, and metals and of a one-half interest in petroleum, in,…”

Aerojet-General Corp. v. Askew (1973) flnd · cites it 3× “In pertinent part the text of the memorandum from Attorney General Ervin is as follows: “The statutory rights and reservations referred to in subject portion of this lease with option to purchase are those contemplated in Section 270.11, Florida Statutes [F.S.A.].”

Watson v. Holland (1944) fla “The Legislature was then dealing with the general subject or disposing of the fee simple title to its lands just as it was when in Chapter 6159, Acts of 1911 (see Section 270.11 F.S. 1941) it was dealing with the subject of reserving for the benefit of the people of this State…”

Aerojet-General Corporation v. Askew (1975) ca5 “His reply states, 'The statutory rights and reservations referred to in the subject portion of this lease with option to purchase are those contemplated in Section 270.11, Florida Statutes.' C. Interpretation of F.”

Caldwell v. Kemper (1947) fla · cites it 8× “: The Legislature of 1911 enacted Chapter 6159, the pertinent part of which is now embraced in Section 270.11, Florida Statutes 1941, and is as follows: “In all contracts for sales and all deeds for the sale of land executed by the Trustees of the Internal Improvement Fund of…”

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