Florida Statute 270.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 270
PUBLIC LANDS

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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.

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Amendments to 270.11

Annotations, Discussions, Cases:

Cases Citing Statute 270.11

Total Results: 5 | Sort by: Relevance | Newest First

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Watson v. Holland, 20 So. 2d 388 (Fla. 1944).

Cited 37 times | Published | Supreme Court of Florida | 155 Fla. 342, 1944 Fla. LEXIS 540

...e sale, or in the presence of the State Board of Education if it were making the sale. 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....

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Trs. of Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973).

Cited 36 times | Published | Supreme Court of Florida

...ng and mineral grants, easements and leases which unquestionably limit the present or potential full use and enjoyment of surface ownerships. We can take notice of Ch. 6159, Acts of 1911, brought forward in Section 1771, Comp.Gen.Laws 1927, and F.S. 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-hal...

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Aerojet-Gen. Corp. v. Askew, 366 F. Supp. 901 (N.D. Fla. 1973).

Cited 3 times | Published | District Court, N.D. Florida | 1973 U.S. Dist. LEXIS 10954

...jet lease-option agreement. 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.]." Florida Statutes, Section 270.11, F.S.A., provides for the reservation in the Board of Trustees of "[A]n 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...

...This is especially true since on January 15, 1962, some seven (7) years prior to the exercise of the option by Aerojet, the Attorney General of Florida, the chief legal officer of the state, *907 issued his opinion stating that the "applicable statutory rights and reservations referred to . . . are those contemplated in Section 270.111 [270.11], Florida Statutes [F.S.A.]." Dade County argues secondly, even if Aerojet did not consent to the application of Section 253.111 F.S.A., the operation of such was "in the public interest" and therefore a justified impairment....

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Caldwell v. Kemper, 31 So. 2d 555 (Fla. 1947).

Cited 2 times | Published | Supreme Court of Florida | 159 Fla. 231, 1947 Fla. LEXIS 762

pertinent part of which is now embraced in Section 270.11, Florida Statutes 1941, and is as follows:

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Van Arsdale v. Dimil Land Co., 325 So. 2d 471 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 54 Oil & Gas Rep. 151, 1975 Fla. App. LEXIS 19127

...effect at all, it is not unreasonable to conclude that the parties intended them to apply to the area surrounding the subject property. (The reservation was common to the surrounding area.) Secondly, these reservations are based upon Florida Statute 270.11, which provides that the Trustees of the Internal Improvement Fund hold, on behalf of the State, a three-fourths oil and mineral reservation in the subject property as well as on most other undeveloped property in the State....

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