In August 2018, the County transferred property to Fleming Industrial Park, LLC by a Statutory Deed. Fleming Industrial Park, LLC is currently seeking to transfer to a purchaser a parcel of property, which includes the property transferred by the County in August 2018. The title company, Fidelity, is requiring for clear title that the County convey to Fleming Industrial Park any oil, gas and mineral rights that the County may have. Fidelity is relying on Fla Stat 270.11(1) for the such requirement. Florida Statutes do not require that oil, gas and mineral reservations actually be reserved in the deed by a local government. An oil, gas or mineral estate is a permanent interest in the land. A conveyance by the County of the estate to the owner of the property is needed to terminate the interest.

The relevant portion of the statute states:

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.