Florida/Georgia Personal Injury & Workers Compensation

...e products thereof, title to which is vested in the board by the Legislature, or of land which has been received by the board from other sources subject to disposition as provided by the laws relating thereto. Section 4, Ch. 82-185, Laws of Florida. Section 270.23 was amended by s 5 of Ch....

...The proceeds from the disposal of such lands shall be placed in the Conservation and Recreation Lands Trust Fund. (e.s.) Thus, it appears that s 253.034 (6), F.S., is within the meaning of the phrase "laws relating to lands of the board of trustees." Sections 270.22 and 270.23 , F.S. (1982 Supp.), are also statutes dealing with the disposition of proceeds from the sale or lease of lands of the Board of Trustees. Section 270.23 provides that after payments have been made to the State School Trust Fund as provided by the Constitution and by law, any balance shall be and remain a part of the Internal Improvement Trust Fund to be used as prescribed by law....

...The lands, water areas and water storage areas described in and provided for in Ch. 375 , F.S., and the proceeds of the sale or disposition thereof by the Board of Trustees are excepted from "other state lands" within the purview of your question and for the purposes of this opinion. It would thus appear that ss 270.22 and 270.23 are also within the meaning of the phrase "laws relating to lands of the board of trustees." From the foregoing it appears that the proceeds from the sale of Murphy Act lands are to be treated just like those from other state lands title to which is held by the board and that either s 253.034 (6) or ss 270.22 and 270.23 , will govern the disposition of such proceeds. The scope of these sections is not precisely the same. While all three dictate the disposition of the proceeds of certain state lands, ss 270.22 and 270.23 , F.S., broadly address the issue and include the proceeds from the sale, lease or rental of lands of the Board of Trustees or the products thereof....

...f operation. Applying the rules of construction discussed above to the instant issue, s 253.034 , F.S., as amended by Ch. 83-223, Laws of Florida, must be regarded as an exception to or a qualification of the more general provisions of ss 270.22 and 270.23 , F.S....

...ed in and provided for in Ch. 375 , F.S.), or of the sale, lease or rental of the products thereof or of lands received by the Board of Trustees from other sources, should be deposited in the Internal Improvement Trust Fund pursuant to ss 270.22 and 270.23 , F.S....

...nd which has been or may be received by the board of trustees from other sources, shall be paid into the Internal Improvement Trust Fund to become a part of that fund, subject to disposition as is provided by the laws of this state relating thereto. Section 270.23 , F.S., recognizes the State School Trust Fund as a fund which is to receive payments from the proceeds of the sale of state lands, and provides: After payments have been made to the State School Trust Fund, as provided by the constitu...

...e sale of such lands, are set apart, and declared a separate and distinct fund called the Internal Improvement Trust Fund of the state. . . .' As state lands, swamp and overflowed lands would be subject to the disposition provisions of ss 270.22 and 270.23 , F.S., discussed above....

...nt to those provisions. See also , AGO 83-77. In AGO 83-77 this office concluded that s 253.034 , F.S., as amended by Ch. 83-223, Laws of Florida, must be regarded as an exception to or a qualification of the more general provisions of ss 270.22 and 270.23 , F.S....

...ursuant to s 375.031 , F.S., should be deposited in the Land Acquisition Trust Fund. The effect of the conclusion reached in AGO 83-77 was that the disposition provisions of s 253.034 , F.S., prevail over the more general provisions of ss 270.22 and 270.23 , F.S., as to state lands disposed of pursuant to s 253.034 . Therefore, the proceeds from the sale or any state lands (ordinarily disposed of pursuant to the general provisions of ss 270.22 and 270.23 , F.S.), if properly disposed of pursuant to s 253.034 , should be placed, pursuant to subsection (5) of s 253.034 , in the Conservation and Recreation Lands Trust Fund....