Bulletin: FL000007

Dear Associates:

Stewart Title Guaranty Company and all underwriters have received a notice dated March 24, 1992, from the Department of Insurance by way of Wally Senter, Title Insurance Coordinator, which states that the position of the Department of Insurance of the subject matter is as follows:

"When only a 'non-use commitment' is recorded on a parcel of land and the right of entry has not been released to an oil, gas and mineral reservation, it is considered a statutory violation to not delete paragraph 3. (b) of the Florida Form 9 Endorsement and make an exception on Schedule B.

The 'non-use commitment' is not considered a release of the reservation, even though there may be substantial development, but merely a limitation to the right of entry."

The reason for this is that the non-use commitment is not a full and unequivocal release of the right to enter but is conditional and the right to enter may revest.

Therefore, the Insurance Commissioner is simply and correctly requiring that a Form 9 Endorsement issued in such as instance be excepted from as to this non-use commitment.