The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 270
PUBLIC LANDS

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F.S. 270.11

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.

F.S. 270.11 on Google Scholar

F.S. 270.11 on Casetext

Amendments to 270.11

Arrestable Offenses / Crimes under Fla. Stat. 270.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 270.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

S. GUITON, v. W. COLVIN,, 546 F. App'x 137 (4th Cir. 2013)

. . . . § 90-270.11(b). . . . .

SYSTECH ENVIRONMENTAL CORPORATION, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, NATIONAL CEMENT COMPANY OF CALIFORNIA, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,, 55 F.3d 1466 (9th Cir. 1995)

. . . . § 270.11. . . . We find EPA’s interpretation of section 270.11 to be arbitrary and irrational insofar as it requires . . . Section 270.11(d) requires the applicant to certify that all information in the application is true and . . . Tejon’s Compliance with the Certification Requirements of 40 C.F.R. § 270.11(d). . . . Section 270.11 of 40 C.F.R. governs the signing of all RCRA permit applications. . . .

CHAMBER OF COMMERCE OF UNITED STATES v. B. REICH, U. S., 886 F. Supp. 66 (D.D.C. 1995)

. . . debarment and/or termination of a contract or contracts, to the Assistant Secretary. 60 Fed.Reg. 16355 (§ 270.11 . . .

COASTAL AIRLINES, INC. d b a v. CIVIL AERONAUTICS BOARD,, 709 F.2d 119 (1st Cir. 1983)

. . . . § 270.11. . . .

L. VAN ARSDALE, L. v. DIMIL LAND COMPANY, a, 325 So. 2d 471 (Fla. Dist. Ct. App. 1975)

. . . Secondly, these reservations are based upon Florida Statute 270.11, which provides that the Trustees . . .

AEROJET- GENERAL CORPORATION, v. O ASKEW,, 511 F.2d 710 (5th Cir. 1975)

. . . . § 270.11 (1975), which provided for the reservation of certain interests in phosphate, minerals, metals . . . referred to in the subject portion of this lease with option to purchase are those contemplated in Section 270.11 . . . No Contract Clause claim was raised in these cases. . 270.11 Contracts for sale of public lands to reserve . . .

AEROJET- GENERAL CORP. v. O ASKEW, METROPOLITAN DADE COUNTY, a v. AEROJET- GENERAL CORPORATION,, 366 F. Supp. 901 (N.D. Fla. 1973)

. . . referred to in subject portion of this lease with option to purchase are those contemplated in Section 270.11 . . . Florida Statutes, Section 270.11, F.S.A., provides for the reservation in the Board of Trustees of “[ . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . Section 270.11, F.S.A., that required the reserving from all sales of public lands by the Trustees of . . .

MILLARD F. CALDWELL, J. M. LEE, J. EDWIN LARSON, NATHAN MAYO, J. TOM WATSON, v. DONALD B. KEMPER ELIZABETH B. KEMPER,, 159 Fla. 231 (Fla. 1947)

. . . The Legislature of 1911 enacted Chapter 6159, the pertinent part of which is now embraced in Section 270.11 . . . or the Trustees of the Internal Improvement Fund for the State may, under the provisions of Section 270.11 . . . It will be observed by inspection of Section 270.11, Florida Statutes 1941, and its context, that it . . . state thereunder, and since it deals with a different class of lands from those contemplated by Section 270.11 . . . oil and mineral reservations to be made as there required, we are constrained to hold that Section 270.11 . . .

J. TOM WATSON, v. SPESSARD L. HOLLAND, J. M. LEE, J. EDWIN LARSON, NATHAN MAYO, HOLLAND, LEE, LARSON, MAYO, a ARNOLD OIL EXPLORATIONS, INC. a, 155 Fla. 342 (Fla. 1944)

. . . of the fee simple title to its lands just as it was when in Chapter 6159, Acts of 1911 (see Section 270.11 . . .