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Florida Statutes, Title XXXV, Chapter 591
Forest Development, Seed Trees
591.27 Designating and marking seed trees; definitions.--Wherever
the following words are used in ss. 591.28-591.34, they shall be
defined as follows:
(1) "Owner." The person, and in the event
there is more than one, all those in whom the fee simple title to
real estate stands of record.
(2) "Real estate." All lands located in this
state, including the trees standing or growing thereon.
(3) "Seed trees." All standing or growing
trees marked with the letters "S. T."
(4) "Person." The word "person"
wherever it appears in said sections shall include persons, firms
and corporations.
History.--Preamble, ch. 21940, 1943; s. 10, ch. 26484,
1951.
Note.--Former s. 590.17.
591.28 Seed trees; designation and dedication of trees.--The
owner of real estate shall have the right to cause to be designated
and marked at the rate of not less than three or more than eight
trees per acre as seed trees and such designating and marking shall
by law operate as a dedication, transfer and conveyance of the legal
title to such trees to the Department of Agriculture and Consumer
Services of the state without further words or evidence of transfer
of title.
History.--s. 1, ch. 21940, 1943; ss. 14, 35, ch. 69-106.
Note.--Former s. 590.18.
591.29 Seed trees; form of designation and dedication.--
(1) Seed trees shall be designated as such by filling
out and signing an instrument by the owner in substantially the
following form:
CONVEYANCE AND/OR DEDICATION OF STANDING TIMBER TO DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES OF FLORIDA.
State of Florida,
County of _____
Owner(s) of Land ____________
Description of Land ____________
____________
____________
Approximate number
of seed trees designated____________
This _____ day of _____, (year) .
Signed: (Owner)
(2) Upon the filling out and execution of said
instrument and upon same being properly acknowledged in the same
manner as is now provided by law for the acknowledgment of deeds,
said instrument shall be recorded in the office of the clerk of the
circuit court of the county in which said real estate is located and
in the record where deeds are recorded.
History.--s. 2, ch. 21940, 1943; ss. 14, 35, ch. 69-106;
s. 27, ch. 99-6.
Note.--Former s. 590.19.
591.30 Seed trees; duty of Division of Forestry.--It
shall be the duty of the Division of Forestry to cause to be made a
branding hammer and a sufficient number of reproductions thereof to
accomplish the purpose of this law, which said hammers shall bear
the letters "S. T.," which letters shall mean "seed
tree," and shall be as distinctively constructed as possible.
Said branding hammers shall at all times remain in the custody and
possession of said division or its duly authorized representatives.
It shall be the duty of said division, upon the application of any
owner of real estate to the effect that such owner is desirous of
marking and designating trees on her or his real estate as seed
trees, to direct as soon as is convenient and practical an employee
or representative of said division, trained in the field of
forestry, to contact such owner and mark and designate seed trees in
accordance with the rules and practices of good forestry. Each of
said seed trees shall be marked as such by branding on the trunk the
letters "S. T." at a point not more than 41/2
feet from the ground and again at a point not more than 6 inches
from the ground with the branding hammer or reproduction thereof
hereinbefore described. Immediately upon said trees being so marked
title thereto shall vest in the Department of Agriculture and
Consumer Services of Florida as aforesaid.
History.--s. 3, ch. 21940, 1943; ss. 14, 35, ch. 69-106;
s. 961, ch. 97-103.
Note.--Former s. 590.20.
591.31 Seed trees; designated trees not transferred by
deed, lease, etc.--All standing trees marked with the letters
"S. T." as provided in this law shall by operation of law
be excluded from any subsequent sale, deed, conveyance, lease or
transfer of title to such trees or the real estate on which same are
located.
History.--s. 4, ch. 21940, 1943.
Note.--Former s. 590.21.
591.32 Seed trees; duty of landowner.--It shall be
the duty of every owner of real estate who has designated or marked
seed trees thereon in accordance with the terms of this law, to
expressly exclude said seed trees from any deed of conveyance or
transfer thereof; provided, however, the failure so to do shall not
pass title to said seed trees to the purchaser or grantee; provided,
further, however, should the owner fail to expressly exclude said
trees from any deed of conveyance or other evidence of transfer of
title the grantee or transferee shall have the same remedy against
the owner as is now provided by law.
History.--s. 5, ch. 21940, 1943.
Note.--Former s. 590.22.
591.33 Seed trees; penalties for cutting, destroying, or
damaging trees.--Any person, firm or corporation who shall
willfully or carelessly cut, destroy, burn, or damage any trees
marked with the letters "S. T." without obtaining
permission of the Department of Agriculture and Consumer Services
shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083. The cutting of each seed tree
shall constitute a separate offense under this section.
History.--s. 6, ch. 21940, 1943; ss. 14, 35, ch. 69-106;
s. 619, ch. 71-136.
Note.--Former s. 590.23.
591.34 Seed trees; cutting trees, procedure.--Permission
may be obtained from the Department of Agriculture and Consumer
Services to cut seed trees by any owner of real estate on which same
have been marked in accordance with the provisions of this law, upon
filing with said department an affidavit that he or she is the owner
and that all timber and trees on his or her land have been cut
except seed trees and shade trees and that it is the intent of such
owner to cultivate the land on which the seed trees sought to be cut
are located, or that said seed trees sought to be cut are over
mature, and if the said department is satisfied as to the truth of
the contents of said affidavit it may issue a certificate giving
such owner permission to cut said seed trees and said certificate
shall be made a permanent record of the office of said department
and a certified copy thereof may be obtained by the owner upon
request. Upon the issuance of said certificate the owner shall have
the right to cut the seed trees on the real estate designated in the
certificate.
History.--s. 7, ch. 21940, 1943; ss. 14, 35, ch. 69-106;
s. 962, ch. 97-103.
Note.--Former s. 590.24.
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