Florida Statutes 738.411 – Minerals, water, and other natural resources
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(1) To the extent that a fiduciary does not account for a receipt from an interest in minerals, water, or other natural resources as a business under s. 738.403, the fiduciary shall allocate the receipt:
(a) To income, to the extent received:
1. As delay rental or annual rent on a lease;
2. As a factor for interest or the equivalent of interest under an agreement creating a production payment; or
3. On account of an interest in renewable water;
Terms Used In Florida Statutes 738.411
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes a trustee, a trust director as defined in…. See Florida Statutes 738.102
- Income: means money or other property a fiduciary receives as current return from principal. See Florida Statutes 738.102
- Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Florida Statutes 738.102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Principal: means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary. See Florida Statutes 738.102
- Settlor: means a person, including a testator, who creates or contributes property to a trust. See Florida Statutes 738.102
(b) To principal, if received from a production payment, to the extent that subparagraph (a)2. does not apply; or
(c) Between income and principal equitably, to the extent received:
1. On account of an interest in nonrenewable water;
2. As a royalty, shut-in-well payment, take-or-pay payment, or bonus; or
3. From a working interest or any other interest not provided for in paragraph (a) or paragraph (b) or subparagraph 1. or subparagraph 2.
(2) This section applies to an interest owned or held by a fiduciary regardless of whether a settlor was extracting minerals, water, or other natural resources before the fiduciary owned or held the interest.
(3) An allocation of a receipt under paragraph (1)(c) is presumed to be equitable if the amount allocated to principal is equal to the amount allowed by the Internal Revenue Code as a deduction for depletion of the interest.
(4) If a fiduciary owns or holds an interest in minerals, water, or other natural resources before January 1, 2025, the fiduciary may allocate receipts from the interest as provided in this section or in the manner used by the fiduciary before January 1, 2025. If the fiduciary acquires an interest in minerals, water, or other natural resources on or after January 1, 2025, the fiduciary must allocate receipts from the interest as provided in this section.