Pensacola Beach Advocates Blog

Parking Considerations on Pensacola Beach

Fri, 23 May 2025 04:08:37 GMT

Letter From Bob Kellner

The reality of the parking on Santa Rosa Island is that 99% of the time, parking is not an issue. It's only during special events and select weekends.

The first question that should be asked given the limited amount of available funding, is that funding parking the best use of those dollars? Personally, I don't think so. I would rather see money spent on roadway and pedestrian improvements first.

As for any public transportation ideas, they are simply not feasible. All public infrastructure is subsidized because of insufficient ridership. That includes major urban transit systems much less a limited use system on a barrier island. Again, should limited infrastructure dollars be spent on empty shuttles? Where would any funds come from to subsidize any public transportation? Lease fees?

The idea of a parking garage to solve ongoing parking issues is not realistic unless it is one huge, mammoth, and expensive garage because in reality any basic garage would simply not be large enough to provide all of the traffic needs for those certain weekends and special events when additional parking is needed.

An argument for a dedicated parking garage that could be exclusively used by beach and business employees might be made but who would pay for it? A Public/Private Initiative, doubtful? Lease fees? Would this be the best use of Lease Fees?

Besides the initial capital costs to construct a parking garage, consideration must also be given to the long-term maintenance and security costs of any garage. Does it make sense to dedicate ongoing lease fee funds to maintain a building that will sit empty most of the time? Who will be responsible to maintain it?

Security is the other issue. Think about the recent rape in the downtown Pensacola parking garage. There is already crime presently in the Casino Beach parking lot and any proposed garage will also have crime that will require ongoing policing along with the additional costs for that policing.

There are higher infrastructure priorities that can be addressed first.

Traffic mobility can be improved with intersection and traffic signal improvements, congestion pricing at the bridge, and proper roadway signage.
Pedestrian mobility can be improved with better lighting and roadway streetscaping that integrates traffic and pedestrians.
Overall street scaping can also provide improved aesthetics and environmental impacts.
Beach facilities at Casino Beach and around the main core can be improved and better maintained.
Improving facilities and introducing potential events and limited commercial opportunities to the east and west public beaches would pull more traffic away from the main core area.

The main business core of the island simply does not have the capacity to provide the necessary parking needed for limited periods throughout any given year unless extremely expensive capital funds are invested for limited use infrastructure that will require expensive reoccurring costs. There are more important priorities that can be addressed with cheaper and easier solutions and opportunities to improve the island.

Is a Parking Garage on Pensacola Beach Needed?

Fri, 23 May 2025 03:26:39 GMT

Is a Parking Garage on Pensacola Beach the Best Solution?

Fri, 23 May 2025 03:15:43 GMT

Letter from Bob Kellner

Exploring a Comprehensive Solution

The reality of the parking situation on Pensacola Beach is that99% of the time, parking is not an issue. It only becomes a concern during special events and select weekends when the influx of visitors outnumbers the available spaces.

However, one proposed solution presently being discussedto provide additional parking capacity and to minimize traffic on Pensacola Beachis to construct a parking garage. Given the roadway mobility in the main core of Pensacola Beach is already poor, constructing a parking garage seems secondary until comprehensive roadway improvements are made first.

Since there are a limited amount of public funds available for any construction projects, it is essential to ask whether dedicating limited resources to a parking garage without a clear understanding of both its potential impacts and potential benefits is the best use of those limited dollars.Any consideration of a proposed parking garage should only be made with a defined purpose followed by a clear understanding on the number of benefits it would provide to the public with those same benefits balanced against other potential improvement projects.

Concerns

Without understanding how a parking garage would impact the surrounding roadway infrastructure, aparking garage could potentiallyaggravate traffic mobility by concentrating too much traffic in one location. And unless it is one mammoth structure, it’s doubtful a new structure will provide sufficient capacity to alleviate any parking needs. Consideration could be made to construct a limited facility with dedicated parking for beach workers and business employees, but who would bear the cost of such a facility? The prospect of a Public/Private Initiative seems doubtful, and the potential use of public fees to construct a private use garage is not the best use of those funds.

Beyond the initial capital costs required to construct a parking garage, what arethe long-term maintenance and security costs? Does it make sense to dedicate ongoing fundsto maintain a structure that will sit empty most of the time while other infrastructure is neglected? Who pays for those maintenance costs?Private funds? Security is another significant issue that accompanies the construction of a parking garage.The Casino Beach parking lot already contends with crime, and any proposed garage will require additional policing activities. Before any funds are spent, these types of concerns should be discussed and again, balanced against the benefits that could be realized with other infrastructure improvements.

Alternatives

A parking garage will require significant initial capital costs along with costly reoccurring costs with a questionable number of benefits. Instead, there are higher infrastructure priorities that should be addressed first.

Traffic mobility can be improved with intersection and traffic signal improvements, congestion pricing at the bridge, and proper roadway signage. Traffic mobility that is integrated into the surrounding land uses should be the highest priority for any proposed infrastructure projects on Pensacola Beach.

Pedestrian mobility can be improved with better lighting and roadway streetscaping that integrates traffic and pedestrians.

Overall street scaping can also provide improved aesthetics and environmental impacts.

Beach facilities at Casino Beach and around the main core can be improved and better maintained along with designated parking areas for beach employees.

Prioritizing Investments

Before any consideration of a parking garage is made, the impacts and benefits of a garage should be first quantified in a comprehensive transportation planning approach which includes roadway and pedestrian improvements along with any proposed parking solutions so that optimum mobility solutions that benefit both residents and visitors can be identified. The proposed improvements should provide long-term benefits and ensure that Pensacola Beach continues to thrive.

Ultimately, there are presently more important priorities that can be addressed with cheaper and easier solutions, and by focusing first on roadway and pedestrian improvements, we can enhance the overall experience for everyone. Parking will always remain a concern during peak times, but the solution does not lie in constructing a costly and underutilized parking garage. Instead, exploring alternative transportation options and investing first in infrastructure improvements with defined benefits will provide more sustainable and cost-effective benefits for the island community

Paid Parking Can Protect What Makes Pensacola Beach Special

Fri, 23 May 2025 02:23:38 GMT

As Pensacola Beach continues to grow in popularity, so too does the strain on its infrastructure, traffic flow, and sensitive coastal environment. Traffic and parking are HUGE concerns here at Pensacola Beach. Residents here do NOT want more vehicles here, while the businesses want MANY MORE vehicles here because they bring out more customers, so they're calling for a massive, public parking garage. There must be a better solution.

It’s time to consider what many other Florida beach communities have already recognized: a well-designed paid parking system. This is not only a practical tool for managing growth and encouraging carpooling—it’s an essential step toward protecting the very qualities that make Pensacola Beach unique.

A focused paid parking program—limited to the core commercial area and high-use zones such as Park East and Park West—would help address crowding, fund beach maintenance, and support environmental preservation. These areas draw the highest daily traffic, yet also contain some of the most fragile dune ecosystems and shoreline. With smart planning, parking revenue could fund improved trash collection, dune stabilization, better boardwalk maintenance, and many other public services that improve the visitor experience and protect natural resources.

Equally important, any parking plan must include restricted parking in low-density residential areas that simply cannot accommodate large volumes of vehicle traffic. These neighborhoods were not built to serve as overflow lots for peak tourism days. Increased parking in these areas puts undue stress on aging infrastructure, increases stormwater runoff, and threatens the tranquility and livability that residents—and many visitors—value most. Protecting these areas from uncontrolled vehicle use is an environmental and public safety imperative.

We don’t have to look far to see how this can be done right. Communities like Clearwater and Jacksonville Beach have used paid parking to invest in accessibility, maintenance, and beach safety. Others, like Venetian Bay, show us what happens when implementation lacks transparency or public input. We can—and should—learn from both.

A Pensacola Beach paid parking plan should include resident discounts or passes, revenue reinvestment into local beach improvements, and clear communication with the public. The goal isn’t to discourage access—it’s to make sure access remains sustainable, enjoyable, and in balance with the needs of the environment and surrounding communities.

Pensacola Beach is more than a destination—it’s a public treasure. Let’s take the steps necessary to ensure its long-term health and accessibility.

Escambia Long Range Traffic Planning

Fri, 23 May 2025 00:00:53 GMT

I am posting this for PBA President Rhonda Dorfman:

I believe the traffic on Pensacola Beach and a traffic analysis on Pensacola Beach was reviewed and analyzed approximately two years ago. It is my understanding that Traffic situations get reviewed every five years. I know that Commissioner Bender worked hard on this as is Commissioner Hofberger. As a resident on the beach, and as president of the Pensacola Beach Advocates, I am pleading with you to put additional boots on the ground with sheriff deputies to manage the traffic situation at Casino Beach parking lot and the main intersection on Pensacola Beach. Every single beautiful weekend we average more people than on Blue Angels weekend. I am unaware if you regularly come out to the beach on the weekends, or if your staff who monitor the lights, ever travel the beach on the weekends, but every weekend has become a Blue Angels weekend when the weather is perfect.

Add to that, check in for 3000 hotel rooms is between 3 PM and 4 PM along with those homes that are rented for short term rentals every Saturday. Also take into consideration that the morning visitors to the beach are leaving the beach at 3 PM. Fort Pickens is gridlock. Via de Luna is gridlock.   We understand the light is being monitored 24/7. If it is not, please provide the active monitoring timeframe for the Beach light.    During the peak summer hours between the hours of 10 AM and 8 PM there’s never a time when people are not constantly coming onto the beach or constantly leaving the beach, leaving the timing of the light at the intersection in a quandary.

We understand the tremendous growth that has taken place in Escambia County, and we also understand that other parts of the county are as important as the beach, however, given the importance of tourism, and the fact that the growth in Escambia County appears to enjoy being on the beaches every beautiful day… We feel our traffic situation should be given a priority and analyzed annually. We know that the prior commissioner worked to keep traffic moving through Highway 98 in Gulf Breeze , but as taxpayers in Escambia County, we feel that a priority should be given to us when it comes to being able to come and go on the beach and moving the traffic in an efficient manner.

We also know that it is a very important to remove the pedestrians from the traffic situation, but you must know that without the police there to monitor jaywalking, and crowds that just walk across the street, even though they do not have the right to walk across the street, all of this adds to traffic problems. As someone who lives on the beach and travels it day in and day out during peak times in the summer we really must insist that Traffic deputies be implemented to move pedestrians and to monitor traffic coming out of casino Beach and at the light.

In another observation, it is not when Casino Beach fills up that the traffic begins to back up. We have greatly reduced wait time to get onto the beach now let’s work on getting people off of the beach. Removing the toll booth is the start and will greatly improve time getting onto the beach. And as mentioned before, when the lots fill up, that is not why Traffic begins to back up. Poor signage and newcomers, not knowing where they want to go is also part of the problem.

Another scenario we have encountered is when there is an accident. I’ve spoken with Lt. Barnes on the beach and we have discussed the need for communication protocol between 911, state troopers who must deal with any accidents, and deputies who must move the traffic, even though the scene of an accident is being attended to.   This seems to be one of the biggest reasons for back up onto the beach during late afternoon exit times.

Last, but not least, we truly need to think about congestion pricing for our toll booths, an HOV lane when the Bob Sykes bridge is rebuilt, park and rides from other areas of the city like downtown Bay Center, UWF, PSC, in addition to the free ECAT from the transfer station. We must begin to think like Disney World when it comes to moving people out to the beach. We would also like the trolleys to run all day long on the weekends and not just at 4 PM.   Residents need to be offered special bus rates to get them on mass transportation out to the beach.

I realize that agencies must work with other agencies, and this needs to be a multifaceted approach, but I am here to tell you that just monitoring the light on the beach does not work. I welcome any feedback, comments, or propose solution solutions to the problem.

Rhonda Dorfman
President
PBA
661 496-4573

The Biden administration sells oil and gas leases in the Gulf of Mexico

Thu, 30 Mar 2023 20:53:28 GMT

The Biden administration sells oil and gas leases in the Gulf of Mexico

March 29, 20234:27 PM ET

By Bill Chappell, Jeff Brady

Fossil fuel energy companies looking to extract oil and natural gas from U.S. waters in the Gulf of Mexico got a boost on Wednesday, as they secured access to 1.6 million acres of waters offered at auction.

That was just a fraction of some 73.3 million acres of federal waters the Interior Department's Bureau of Ocean Energy Management (BOEM) opened up for bidding. Officials spent more than an hour reading aloud the bids in Lease Sale 259, with some 13,600 blocks of "outer continental shelf" acreage in the Gulf of Mexico at stake.

Continue reading the article HERE

Or click the link below:

https://www.npr.org/2023/03/29/1166802809/gulf-of-mexico-oil-gas-leases-drilling

Rice Whales

Thu, 30 Mar 2023 20:45:52 GMT

Below is a PDF with information from the NOAA Fisheries- Southeast Regional Office regarding Bryde's Whale Recorvery Outline and Rice Whales.

https://media.fisheries.noaa.gov/2021-08/RIWH-Recovery-Outline-Final-508-Compliant.pdf.pdf

Too Many Vacation Rentals Are Driving Up Rents in Florida, FAU Study Finds

Wed, 25 Jan 2023 00:20:17 GMT

Florida's rental market is causing so much pain to everyday workers that it might stifle the state's economic growth. At least that's the takeaway from a new study from Ken Johnson, an economist at Florida Atlantic University's College of Business.

According to Johnson, there are too many vacation rentals in the Sunshine State. These short-term rentals — oftentimes listed on sites like Airbnb and Vrbo — are removing apartments and homes that could otherwise be filled by workers that need to live near their jobs.

Additionally, Johnson describes the regulations some homeowners and condominium associations as "oppressive" because they limit when homeowners can begin renting their units, which only puts further pain on renters' wallets.

It's this particular combination of strict HOA rules and the sheer number of vacation rentals is a mixture that is affecting housing affordability negatively, he said.

"Both of these take away units that could be rented to the public, and it's the shortage of available units that drives rental rates higher," Johnson wrote in the study.

Florida became a hot destination for many during the pandemic as remote workers became untethered from their desks and had the freedom to chose living in warmer places. In all, the state's population grew by 1.9% between June 2021 and June 2022, the most of any state for that period, census data shows.

The droves of people moving to Florida is just one reason why the rise in rents across the state has outpaced the national average for the past three years. According to Johnson's study, Florida is now home to 9 of the 21 most overpriced rental markets in the US.

For example, Johnson estimates that renters in the Cape Coral-Fort Myers area are paying a 18% premium for their homes when compared to long-term trends, according to FAU's Waller, Weeks, and Johnson Rental Index. The index is weighted to capture the historical rent trends in a given area rather than computing the average rents of homes that are currently available.

Currently, the average rent in Cape Coral is above $2,200 per month while the Waller, Weeks, and Johnson Rental Index estimates that a fair market value is closer to $1,880 per month.

The number of vacation rentals in the state is only making it harder for people to find affordable places to rent, the study suggests. For example, Panama City Beach, a popular coastal vacation community, has more than 11,800 vacation rentals listed on Airbnb and Vrbo at an average cost of $265 per night, AirDNA data shows. That's compared to the city's total housing stock of nearly 17,000 units, as counted by Point2Homes.

"In Florida, US Census data indicates the share of housing units used as vacation rentals has remained constant since 2010, and yet the cost of housing is up everywhere, for everyone because the country simply has not built enough housing," a spokesperson for Airbnb said to Insider over email. "The need to prioritize building new housing is an issue in communities large and small across the country, and Airbnb is committed to working with local officials on efforts to support housing solutions and Florida's vacation rental industry which continues to provide economic opportunity throughout the Sunshine State."

However, in many instances, it is more lucrative for homeowners to list their properties on short-term rental websites like Airbnb and Vrbo instead of leasing their house or apartment to a regular long-term renter, which is one reason why there are so many of these units in the state, Johnson said in the report.
Meanwhile, data from Point2Homes shows that apartment rents in Panama City Beach have climbed up 5.6% over the last 12 months to more than $1,830 per month. Single-family homes are renting for closer to $2,800 per month as well.
To view the full article, CLICK HERE.

SRIA - January 11, 2023 Committee Meeting Agenda

Mon, 09 Jan 2023 18:06:50 GMT

Click the link below to view the SRIA January 11, 2023 Committee Meeting Agenda.

https://sria-fla.com/ADA_PDF/January_11_2023_Committee_Meeting_Agenda_BU_ADA.pdf

New property insurance legislation to take effect Jan. 1 in Florida

Fri, 30 Dec 2022 23:02:17 GMT

When the new year starts in less than a week, a number of new laws will take effect in Florida.

Among the new laws SB 2A, which involves the state’s property insurance industry and was passed just a few weeks ago.

The changes were made, in part, because of the recent hurricanes. After Hurricane Ian slammed the Sunshine State, dealing between $50 billion and $65 billion in estimated damage, Florida’s already troubled property insurance market was pinched even more.

Insurance companies had been dropping customers and raising rates because of financial problems. So state lawmakers gathered for a special session this month. The Florida Legislature passed SB 2A, which will do a few things starting in the new year.

First, the law creates the Florida Optional Reinsurance Assistance Program, or FORA. It’s a billion-dollar fund that will act as a financial safety net to bail out insurance companies in the event of a major catastrophe like a hurricane.

Republican Florida Senate President Kathleen Passidomo released a statement when the bill was filed, saying, “The goal we all share is for Florida to have a robust property insurance market that offers homeowners the opportunity to shop for insurance that meets their needs and budget. We also want to make certain that when damage occurs, claims are paid promptly and fairly.”

The law also speeds up the claims process. New claims will have to be filed within one year instead of two.

And it will also speed up the payout or rejection process, with companies required to make that decision in 60 days instead of 90.

The law also works to get more Floridians out of the state-created Citizens Property Insurance program, which was meant to be an insurer of last resort for property owners priced out of the private market. Under the new law, owners would be required to buy flood insurance and move to a private policy if there are any policies that are no more than 20% above the cost of a Citizens policy.

Read the full article at the link below.

https://www.news4jax.com/news/florida/2022/12/26/new-property-insurance-legislation-to-take-effect-jan-1-in-florida/

AirbnbWATCH Newsletter - 12/1

Sat, 03 Dec 2022 18:26:21 GMT

State of Play

Just before Labor Day, another shooting occurred at a Florida Airbnb party house, leaving another person dead. This time, it was in a quiet Jacksonville Beach neighborhood. Since Spring Break, the state has experience a rash of shooting, assaults, and fights spilling out of vacation rentals into residential communities from Walton to Miami Dade County.

Airbnb announced around that same time that it's making permanent its ban on house parties with a staffer recently proclaiming in an Orlando Sentinel op-ed, "Airbnb protects communities from disruptive 'party houses'." Of course, the company has a long track record in the state of Florida of opposing even the most basic protections against unlawful and disruptive short-term rentals. Residents from The Villages, Plantation, Neptune Beach, Escambia County, and Walton County (just to name a few) have recently demanded action from policymakers as their quiet neighborhoods have been overrun by unlawful nightly rentals.

Between now and the start of 2023 legislative session, lawmakers will hold in-district delegation meetings. These meeting are designed for constituents (like you) who cannot make the mid-week drive to Tallahassee to participate in the legislative process. Each delegation meeting provides a time period for public comment. Make your voice heard. Follow this link to find your delegation hearing and make sure to submit comments - in person or via email if you cannot attend. More details are included below.

Arizona Republicans Reverse Course on STRs

Rental platforms have long desired to export an Arizona-style vacation rental law to Florida. Fortunately, Florida lawmakers have resisted, and now Arizona has reversed course after its neighborhoods have been overrun by house parties. The Republican Governor recently signed a bill approved by the Republican-led legislature that would empower municipalities to crack down on party houses in the state.

Legislative Update and Calendar

Florida lawmakers returned to the state capitol last week for organizational session, choosing their legislative leadership and outlining upcoming priorities. Legislators will gather over the coming weeks for a special session on property insurance and for committee meetings to workshop legislation ahead of the 2023 legislative session.

Neither the House Speaker Renner or the Senate President Passidomo have mentioned publicly that addressing the vacation rental issue is a top priority in 2023. However, both lawmakers' coastal districts face acute challenges on the issue. And, the Senate President has indicated that addressing housing affordability is a top priority for her.

The investor-driven "hotelization" of residential housing stock is a well-documented contributor to affordable housing crises in many communities. A Pensacola resident recently wrote an op-ed asserting that unregulated short-term rentals were removing workforce housing options for local residents.

As noted above, between now and the start of 2023 legislative session, lawmakers will hold in-district delegation meetings. Follow this link to find your delegation meeting and follow the instructions to submit a speaking card and address your local delegation. Tell them your concerns very plainly. Alternatively, you can email your local members and let them know that you cannot make the delegation meeting but are concerned about unregulated vacation rentals overrunning residential neighborhoods.

Legislation will be workshopped in the coming weeks. We'll keep you updated on developments. In the meantime, here are the key dates:

In-District Delegation Hearings - December 2-TBD

Committee Weeks - December 12-16; January 3-6, 17-20, 23-27; February 6-10, 13-17, 20-24

Regular Session Convenes - March 7

Regular Session Concludes - May 5

How Cities Can Regulate Short-Term Rentals Fairly and Effectively

Tue, 04 Oct 2022 23:48:02 GMT

The rapid growth of short-term rentals in cities, towns and villages across the U.S. has caused much debate. From contentious city hall meetings where residents advocate for more stringent or more relaxed regulations to lengthy and expensive legal battles between cities and short-term rental platforms, cities can easily get caught in the crosshairs of a complicated policy issue.

The Issue

As short-term rentals have become more accessible to both hosts and users, the prevalence of short-term rentals in cities has skyrocketed over a short period. But the meteoric success of short-term rental platforms has not always been welcomed enthusiastically by everyone.

Common complaints are that short-term rentals can drive up local rents, limit the availability of long-term residential rentals, attract an influx of tourists and create excessive noise. Because of this, local leaders must respond to many competing priorities – housing affordability and availability, local tourism and economic development, neighborhood wellbeing and health and safety – which makes passing regulations and balancing those priorities difficult.

Cities also find it difficult to enforce the regulations they do manage to pass. Some ordinances are difficult for hosts and residents to understand and difficult for cities to enforce because they are overly complicated or poorly publicized. In other instances, cities have no systematic way to identify hosts who are not in compliance with regulations or identify what properties are being used for short-term rentals and when.

Despite the limitations and challenges that city leaders face, local leaders can pass regulations that effectively balance competing priorities, fit community needs and are enforceable. Doing so will help cities and their residents enjoy the benefits of short-term rentals, such as enhanced tourism and supplemental income for residents, while limiting their negative impacts.

What Can Cities Do?

The National League of Cities released a new report, Short-Term Rental Regulations: A Guide for Local Leaders, alongside a Short-Term Rental Ordinance dashboard, to help local leaders break down the process of developing a short-term rental ordinance. These resources are informed by an extensive analysis of 60 short-term rental ordinances from across the country, focused on the legal definition of short-term rentals, regulations, enforcement and permit.

The guide highlights instances in which cities have navigated complicated short-term rental challenges, such as:

Moving platforms online: Henderson, NV developed an easily navigable webpage that serves as a one-stop-shop on all things short-term rentals for hosts, residents and staff.
Gathering data: Fayetteville, AR worked with a local university to inform city discussions on short-term rental regulations.
Engaging a diverse group of stakeholders: San Diego, CA spent a year engaging many different stakeholder groups such as a motel/lodge union, neighborhood groups, hotel stakeholders, realtor groups and associations, restaurant associations, the city council, local planning boards and organizations, pre-existing short-term rental operators, Expedia and Airbnb, to inform its ordinance.
Determining fines and fees: Lake Placid, NY collaborated with its justice court to define a short-term rental fine structure based on other successful cases.

What’s Next?

When regulated with care and the proper safeguards in place, they can be successfully integrated into the fabric of a community. With proper regulation, cities can enjoy the benefits of short-term rentals and limit their negative impacts.

Regulating short-term rentals is not about limiting their potential, but about enacting the appropriate mechanisms to keep competing priorities and interests balanced. As cities consider regulations to address short-term rentals in their communities, it is important that they act promptly, remain focused on a clear policy objective, consider racial equity, actively engage with relevant stakeholders, develop and enforce clear regulations, and provide continuous review of ordinances. The resources in this guide can help cities find the proper balance to effectively support and regulate this growing industry.

View the full article at:

https://www.nlc.org/article/2022/05/10/how-cities-can-regulate-short-term-rentals-fairly-and-effectively/

THE FLORIDA SENATE 2022 SUMMARY OF SB 4-D

Tue, 06 Sep 2022 19:25:15 GMT

THE FLORIDA SENATE 2022-D SUMMARY OF LEGISLATION PASSED

Committee on Appropriations

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

SB 4-D Page: 1

SB 4-D — Building Safety

by Senator Boyd

Below is the PDF summary of SB 4-D.

Click HERE to view the PDF

Is A Rental Property Considered A Business? What You Need To Know

Wed, 10 Aug 2022 22:39:54 GMT

If you’re a landlord that rents out a single-family home, a large apartment building, or even business space, you’ve likely wondered if your rental property is considered a business come tax time. It’s important to know that there are two classifications when it comes to rental property and taxes. You need to know this information so you can properly get your tax deduction when the time comes.

Below we’re going to talk about how to know whether or not your property is considered a business, different types of business structures for landlords, and more. Keep on reading to get the most money back come tax time and learn a bit about whether or not your property is a business.

Read FULL ARTICLE HERE

Estuary Program Releases Comprehensive Conservation and Management Plan for Public Comment

Wed, 10 Aug 2022 22:31:56 GMT

Media Contact:
Logan McDonald
Phone: (850) 595-1479
E-mail: lmcdonald@ppbep.org

The Pensacola & Perdido Bays Estuary Program (PPBEP) is pleased to announce the first ever Comprehensive Conservation and Management Plan (CCMP) for the Pensacola and Perdido Bay Watersheds is now available for review and public comment.

PPBEP’s CCMP – A Prescription for Healthy Bays, is intended to serve as a guide for implementing monitoring, research, reporting, restoration, education and outreach, and policy priorities that enhance the community’s quality of life and economic prosperity, while improving the health and sustainability of the Pensacola and Perdido Bay Watersheds.

The CCMP recommends priority actions developed in partnership with community stakeholders to address stressors that impair our waters. The identified actions are important steps to restoring our land and water, while maintaining a balance between humans and nature.

This ten-year science-based, community-driven guiding document allows stakeholders to work collectively, across jurisdictional boundaries, toward a shared vision for the recovery of our waters. The completion of the CCMP allows PPBEP and its partners to leverage resources and funding opportunities to make this vision a reality.

"Environmental stewardship is critical to our quality of life and economy along the Gulf Coast. Having the CCMP in place establishes a blueprint for forming partnerships and leveraging resources to create long-lasting improvements to the health and resilience of our estuaries and communities,” said Robert Bender, Chairman of the Pensacola & Perdido Bays Estuary Program.

"The Estuary Program Management Conference and staff have put in an incredible amount of work to produce this draft CCMP. We look forward to sharing this with the community and receiving their comments, which will be addressed prior to release of the final CCMP in September 2022,” said Matt Posner, Executive Director of the Pensacola & Perdido Bays Estuary Program.

The deadline to submit comments is 11:59 p.m. CT on Aug. 28, 2022. The draft CCMP and comment form are available on the Estuary Program’s website at https://www.ppbep.org/the-plan/ccmp.

The mission of the Pensacola & Perdido Bays Estuary Program is to restore and protect the Pensacola and Perdido Bay watersheds through restoration, education, and unbiased monitoring of the health of our bays, estuaries, and watersheds.

The Pensacola and Perdido Bays Estuary Program serves as a trusted source for residents, businesses, industry, and the community on issues relating to preserving, restoring, improving, and maintaining the natural habitat and ecosystem of the bays, estuaries and watersheds of Pensacola and Perdido Bays. PPBEP strives to achieve a healthy and collaborative environment by:

1. Elevating and increasing the importance, awareness and understanding of environmental quality.

2. Employing rigorous, unbiased, and scientifically sound science to inform and guide decisions, policies, and initiatives.

3. Funding programs and projects that protect the environment, increase ecological resilience

4. Building a network of inclusive, multi-stakeholder partnerships that takes into account factors affecting the environment, the economy, and the community-at-large for the benefit of improving the quality of life for all.

Tourists or locals? Dauphin Island wrestles with regulating short-term vacation rentals

Wed, 10 Aug 2022 22:29:12 GMT

Leanne Potts and her husband, Scott Warnke, have been leasing out their two-bedroom, 1,200-square-foot cottage in Dauphin Island for the past four years.

Their renters, she said, have been quiet. Some are retirees who visit the state’s only barrier island to experience its reputation for prime bird watching. Others simply come for a weekend getaway.

“We feel like we’ve improved the island,” said Potts, who grew up in Mobile, learned how to swim as a young girl on Dauphin Island and now lives in Alpharetta, Georgia.

“We’d like to continue renting it out,” she said.

But a proposal restricting short-term rental houses to mostly the West End of Dauphin Island could prevent Potts and other property owners from renting out to visitors.

The proposal is contained within a 350-page rewrite of Dauphin Island’s zoning code, and it is stirring passions on social media and a debate over whether town officials should restrict the growing industry that is dominated by companies like Vrbo and AirBnb.

It is also creating an odd divide in a town of around 1,800 residents, pitting full-time residents against the short-term renters in an East End versus West End struggle over where vacationers should go.

Read the FULL ARTICLE HERE

Dauphin Island might only allow short-term rentals on the west end

Wed, 10 Aug 2022 22:25:56 GMT

DAUPHIN ISLAND, Ala. (WKRG) – Dauphin Island officials are proposing a short-term rental ban on the east end of the island.

The proposal has many residents and visitors upset. If approved, the ban would only allow vacation rentals on the west end of the island.

The planning commission has been brainstorming this idea for the last year and a half. What the proposed plan would do is ban short term rentals, which includes anything less than six months, in all of the areas that are shaded yellow on this map, essentially isolating the short-term rentals to the west end of the island.

Read the FULL ARTICLE HERE

2022 PBA Issues Poll Results

Sat, 06 Aug 2022 15:41:02 GMT

Below are the results from the 2022 PBA Issues Poll.

Click HERE to view the questions and responses from the 1st poll

Click HERE to view the questions and responses from the 2nd poll.

Commissioner Bender Achieves Advanced County Commissioner Level II Designation

Tue, 19 Jul 2022 01:57:19 GMT

Published Jul 18, 2022

For the second year in a row, the Florida Association of Counties (FAC) presented Escambia County District 4 Commissioner Robert Bender with the Presidential Advocacy Award for his work during the 2022 Legislative Session at their annual conference in Orange County, Fla.

“Advocating on issues that are important to our community is something that I’m honored to be recognized for,” said Commissioner Bender. The FAC Presidential Advocacy Award recognizes County Commissioners who have shown exceptional leadership in advocating with FAC during the 2022 Legislative session to advance counties’ legislative agenda.

Commissioner Bender was also presented with the Advanced County Commissioner Level II (ACC II) designation from the Institute for County Government (ICG) at the award ceremony. The ACC II designation signifies the Commissioner's completion of the most senior level of comprehensive study program designed by ICG.

The ACC II education program focuses on transforming counties and the state of Florida by producing strong, versatile leaders with the necessary tools to address challenges across multiple fields and governing bodies. Commissioners are given the opportunity to participate following their graduation from the Certified County Commissioners (CCC) and the Advanced County Commissioner Level I (ACC I) program.

“As the highest designation offered by ICG, commissioners are challenged to confront the most intricate and complex issues that face Florida,” shared the Institute for County Government’s Executive Director, Eric Poole. “These commissioners who volunteer to dedicate time and energy into earning this designation exemplify the quality of leaders we have on a local level in Florida.”

In addition, Commissioner Bender was elected Treasurer of the ICG Board of Directors, selected as the Committee Chairman for the Florida Association of Counties Finance and Tax Policy Committee, and was re-elected to the Florida Association of Counties Board of Directors.

Alongside Commissioner Bender, 12 commissioners earned the designation at the award ceremony as the third class of graduates to complete the program. Since the inception of this program, there have been 41 graduates.

Founded in 1929, the Florida Association of Counties has represented the diverse interests of Florida’s counties, emphasizing the importance of protecting home rule – the concept that communities and their local leaders should make the decisions that impact their community. The Florida Association of Counties helps Florida’s counties effectively serve and represent their communities through Advocacy, Collaboration, and Education.

Click HERE to view the full article

Candidate Listing - Florida Division of Elections - Department of State

Wed, 13 Jul 2022 16:47:58 GMT

The Florida Department of State's Candidate Tracking System tracks candidates throughout the elections process presenting candidate status, campaign finance activity, personal photos and contact information. This information is updated regularly as candidates update their information.

Click the link below to view the Candidate Tracking System.
https://dos.elections.myflorida.com/candidates/CanList.asp

Preserving Potential - 850 Business Magazine

Wed, 13 Jul 2022 16:43:55 GMT

As executive director of the Seaside Institute, Thomas Cordi is engaged in learning how best to meet contemporary challenges.

The nonprofit institute is committed to creating sustainable, connected and adaptable communities based on the core tenets of New Urbanism — an outlook that discourages sprawling, single-use neighborhoods and champions walkable, diverse developments.

Maintaining a sustainable community is not without its challenges, however, and the Seaside Institute is relying on New Urbanist experts for advice on how to best proceed.

“One of the problems we’re facing now is that there’s been a balance tipped in favor of tourism over residents,” Cordi said. “We love tourism, but we want to readdress this balance, increase the number of people who live here and enhance their quality of life.”

One of the Seaside Institute’s chief initiatives this year is making Walton County the next big “Zoom town.” Cordi said the area already is feeling the effects of the “remote work revolution” that resulted when the COVID-ı9 pandemic spawned a new work-from-home era.

“This is an alternative form of economic development,” Cordi said. “Rather than trying to lure big companies like Amazon to our county, let’s lure talented young people, investors and those who want to live here because it’s beautiful and full of incentives.”

The Seaside Institute has invited representatives from the country’s three most successful Zoom towns — Tulsa, Oklahoma; Bentonville, Arkansas; and Tucson, Arizona — to share their success stories at a future seminar.

“Walton County is one of the fastest-growing counties in the United States, and people are moving here in droves,” Cordi said. “Studies have shown that in Zoom towns, there’s a multiplier effect.” For every move-in, multiple jobs result.

For example, Cordi said a Seaside Institute board member, Carl Tricoli, moved to Walton County from Houston. Tricoli purchased property and is currently developing ı0 homes on the beach. He has hired advertising firms, Realtors and construction companies.

But to attract a bigger talent pool and become the next big Zoom town, Walton County must reevaluate its infrastructure, Cordi said, and take “affirmative steps.” That could mean the addition of more shared workspaces, strong fiber internet, new cultural entertainment venues and affordable housing.

“We don’t have a lot of affordable housing here on 30A, which can be a problem,” Cordi said. “We want to build an affordable town here based on New Urbanist principles. It’s a plan we started in the ’90s and never implemented. We’re still working on it, but right now, there’s plenty of room up north in Freeport and DeFuniak Springs. The entire county can become a magnet.”

One of the problems faced by coastal Walton County, Cordi acknowledged, is its “tremendous” mobility issue. Traffic is a nightmare come tourist season, there is no public transit and parking is rarely available along Scenic Highway 30A.

With a population influx, things could get worse.

“We’ve been doing mobility studies since 20ı5, and we are trying to work with the county to deal with them,” Cordi said. “One of the tenants of New Urbanism is the high cost of free parking. We want to get people out of their cars. We have a transit hub developing in Grayton Beach where people are going to be able to park their cars and get on an electric bike or an electric shuttle that may even be autonomous.”

There are traffic problems, too, along U.S. Highway 98, where a project to add more lanes has been underway for four years. That’s not the best move, Cordi said. “If you have a weight problem, you can loosen your belt a few notches, but you still have a weight problem.”

The Seaside Institute’s annual Seaside Prize Weekend this spring was dedicated to walkable cities and streets. The institute hosted numerous New Urbanist speakers and welcomed city planner, author and lecturer Jeff Speck, who spoke to Walton County stakeholders, planners and residents about pedestrian-friendly communities.

Speck, along with Seaside, Rosemary Beach and Alys Beach planners Andres Duany and Elizabeth Plater-Zyberk, wrote Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, a text Cordi calls the “bible” of New Urbanism. In it, urban sprawl emerges as the devil.

“Sprawl creates these transportation problems because if you live on 98, you have to get in your car just to go buy a quart of milk,” Cordi said. “I think people are becoming disenchanted with sprawl. It’s giving rise to a new New Urbanism. They’re rethinking, redesigning urban neighborhoods toward mixed-use developments.”

Communities evolve and face new challenges. That’s why adaptability is one of the Seaside Institute’s core tenants, Cordi said.

Denser, less environmentally destructive developments also relate to the institute’s mission of sustainability, a movement for which Cordi has long advocated.

Cordi is a former political science professor and executive director of the Associated Students of the University of California Auxiliary. His student union was the first in the country to invest in solar power. Cordi also presided over the nonprofit organization Sustainable Tallahassee, where he successfully implemented recycling programs and promoted solar power and electric vehicles.

He is relying on that experience to change the ecology of Walton County and is calling for a sustainability plan comprising tree ordinances, recycling programs and an emphasis on ecotourism. The institute previously engaged local business leaders with their “Go Emerald Green” symposium series on YouTube, where they explored sustainable business practices.

The Seaside Institute’s architects and planners can carry them only so far, and cooperation from the community and the county will be essential in shaping the future.

“If we keep developing the way we are, we’re going to kill the goose that lays the golden egg,” Cordi said. “We’d like a redesign of the comprehensive conservation development plan. We were involved in that in ı994, and we made predictions about what consequences would happen if actions weren’t taken. They’re coming true now.

“We don’t want to put moratoriums on development, but we want smart development. We want growth to be smart growth, where we build the infrastructure as we develop. Our county has a lot of potential, and we don’t want to squander it.”

Read the FULL ARTICLE HERE

TDC Votes to Cut Clerk's Administrative Overhead Costs by $212,500.00

Wed, 22 Jun 2022 16:52:19 GMT

Tuesday, June 21, 2022 Posted by Jeff Bergosh at 6:35 PM

At this afternoon's Tourist Development Council meeting we went through a number of items related to the proposed yearly budget.

We voted upon the good idea of establishing some reserves for contingency within the budget--which passed unanimously.

We also had a primer in public records law and the Florida Sunshine Law from BCC attorney Steven West.

Toward the end of the meeting, the chairman brought forward a cleaned up proposed 2023 budget for TDT funds usage for the board's consideration. (pictured above).

After Chairman David Bear went through the proposed budget line by line, it came time for a motion to approve which I made and which was seconded by Shirley Cronley. With a motion and a second on the floor, discussion ensued with Ronnie Rivera asking what could be done about the $562,000.00 in budgeted administrative overhead fees to the Clerk of the Court (which appear to have grown geometrically as collections have increased this year).

Discussion went back and forth between Bear and Rivera about how the fee is calculated, which typically has been a flat 3% of collections figure given to the clerk for her staff's effort(s) in supporting this board and managing these funds. Mr. Rivera obviously wanted the acurate number in that slot--not a formulaic one..which makes perfectly good sense.(Currently, the auditor general is looking into the spending and accounting of these funds, requested by TDC Chairman David Bear, and a clear answer as to what specific ammount [the whole 3%--or up to 3%--of the collections] is authorized has not yet been given.)

So what does it cost for the Clerk to support the TDC and the TDT funds?

Fortunately for us all--Mike Davis from the Clerk's office was still at the meeting------- so I asked him to come to the podium to tell us how much it costs the clerk to manage these funds and support the TDC. He gave the figure "about $330,000.00" so I took that number and asked if we budgeted $350,000 for the clerk's administrative overhead--would that work?" to which Mr. Davis agreed.

So I subsequently amended my motion to approve the budget, inserting $350,000.00 for the Clerk's administrative costs (it had been a flat 3% which generated $562,500.00) and taking the delta of $212,500.00 from what was originally budgeted to go to the clerk for overhead/administrative costs, and adding that number to the 2023 surplus--increasing that number $1,487,500.00 for 2023.

This amended motion was voted upon and passed via a roll-call vote 5-1 with Jim Reeves voting "no."

Jim quipped, before he voted no, "I think this might create a controversial vote for the Board of County Commissioners to approve." to which I responded "I think I can find at least three votes for it."

Read the full article HERE

Hands Across the Sand returns to Pensacola Beach

Mon, 09 May 2022 20:30:04 GMT

What: Hands Across the Sand returns to Pensacola Beach

Where: Gulfside Pavilion, 20 Casino Beach Boardwalk, Pensacola Beach, FL

When: Saturday May 21, 5 pm – 6:30 pm

PENSACOLA—Join hands with fellow residents, business owners, and tourists as we take our annual stand against oil and gas drilling in the Gulf of Mexico and a transition to clean energy. Hands Across the Sand takes place on beaches around the world, as communities come together to send a powerful message of protecting the beaches and coastal areas we love.

We’ll meet at the Gulfside Pavilion for live music, education, and inspiring speeches about protecting our white sands and blue-green waters. At 6 pmwe’ll walk to the water’s edge to hold hands in silent remembrance of the 2010 oil spill and in support of a transition to clean energy from the sun and wind.

Hands Across the Sand comes at a time when the longstanding Congressional moratorium on drilling in the eastern Gulf of Mexico near Florida is about to expire, leaving our state vulnerable. Yet the transition to the nearly infinite power of clean renewable energy is well underway, with explosive growth in solar and wind energy as Americans embrace the future.

Event partners include Healthy Gulf, 350 Pensacola and Surfrider Foundation Emerald Coast. For more information visit Hands Across the Sand Pensacola Beach on Facebook or call 850-687-9968 or email christian@healthygulf.org

Virtual Public Meeting March 8 Discussing Roadway Sustainability Options for Fort Pickens Rd. and Hwy 399

Mon, 07 Mar 2022 23:30:45 GMT

News Release Date: March 1, 2022

Contact: Stephenie Wade, 850-932-2612

GULF BREEZE, Fla. -- Gulf Islands National Seashore will host a virtual public meeting on March 8, 2022, from 4 to 6 p.m. to solicit feedback on various sustainable road options being evaluated for portions of J. Earle Bowden Way (Highway 399/Route 11) and Fort Pickens Road (Route 12), on Santa Rosa Island, Escambia County, Florida.

In 2004, Hurricane Ivan severely damaged the roadways within the park and subsequent hurricanes and tropical storms have further eroded park shorelines. These natural barrier island processes have led to problems with minor storms and routine weather events pushing Gulf waters and sand onto roadway surfaces resulting in road damage, road closures and unsafe roadway operating conditions.

The National Park Service (NPS) is working to identify and evaluate potential sustainability options for these two roadways within Gulf Islands National Seashore. The NPS has not initiated formal planning, identified a preferred direction, or pursued funding to implement any design options at this time; however, the NPS is interested in the public’s insight and ideas on the project purpose and a range of potential options.

For more information and to provide comments on this project, please use the following link: http://parkplanning.nps.gov/GUIS_Road_Feasibility_Study

As a result of COVID restrictions, the seashore will hold a virtual public meeting to solicit feedback.
Those interested in participating can join using the following information.

Web: https://us02web.zoom.us/j/86573697314

Phone: +1-312-626-6799 with Webinar ID 86573697314#; +1-929-436-2866 with Webinar ID 86573697314#

READ FULL ARTICLE HERE

Legislative Watch Environmental Watch by Christian Wagley

Wed, 26 Jan 2022 14:38:54 GMT

With the 2022 session of the Florida Legislature underway, I want to share with you some water and Gulf-related bills that might be of interest to Pensacola Beach residents:

First of all, let me remind us all that nutrient pollution that causes outbreaks of toxic algae is one of the biggest water issues Florida has faced in recent years. Pollution from nitrogen and phosphorus caused a slime of blue green algae that clogged lakes and rivers, as well as the destruction of seagrass that contributed to the worst year for manatees ever as hundreds starved to death in 2021. Off the Gulf coast multiple red tides have come ashore, believed to have been made worse by nutrient pollution.

The Governor’s Blue Green Algae Task Force made recommendations for solutions nearly three years ago, but none have been implemented. Now Senate Bill (SB) 832/ House Bill (HB) 561)has been introduced to carry-out some of the recommendations, such as requiring septic tank inspections every five-years, require that waterway restoration projects be carefully prioritized and for past projects to be assessed for effectiveness. This is a good step forward that will help reduce pollution in our waterways, with nutrient pollution also a problem in multiple waterways in the Pensacola-area.

Unfortunately, a bad bill has been introduced that would accelerate the loss of our vital seagrasses like the turtlegrass in Santa Rosa Sound. It’sSenate Bill (SB) 198/House Bill (HB) 349),which authorizes the creation of seagrass mitigation banks to offset impacts from development projects that destroy seagrasses. This would actually make it easier to destroy seagrass by promising to restore seagrass elsewhere, even though seagrass restoration through plantings has mostly been a failure. With our local Pensacola Bay system already having lost around 90% of its historic seagrasses, we can’t afford to lose anymore and are working to make sure this bill does not advance.

Finally, I wanted to point-out a bill that actually addresses the root cause of climate change and sea level rise that is having so many impacts on Florida. Senate Bill (SB) 366 and House Bill (HB) 81 would require that all electricity in the state be derived from renewable sources by 2040, and would create an advisory committee to reach these goals. Right now Florida is one of only about a dozen states that does not have such a requirement in place.

It’s the continued use of fossil fuels like oil and natural gas that cause the carbon emissions that are warming our planet. Our local rate of sea level rise has accelerated dramatically in the past 25 years because of this, putting shorelines along Santa Rosa Island and elsewhere in more rapid retreat. While the transition to renewable energy is already underway, large monopoly utilities and fossil fuel companies have worked to slow that transition in order to maintain investor profits. These bills would be a great step forward in prioritizing Florida’s residents and businesses who support renewable energy and the waterfront communities threatened by rising seas.

These are a few of the bills we are following that affect us in NW Florida, and we encourage residents to call, email or otherwise speak with their state elected officials on these and other environmental issues of importance. Thank you and happy 2022 to all.

For a healthy Gulf,

--Christian Wagley

Christian works for Healthy Gulf, a nonprofit organization devoted to the Gulf of Mexico and the waterways and communities along its shore

AirbnbWATCH Florida - Jan. 18, 2022

Wed, 19 Jan 2022 22:01:06 GMT

Newsletter: January 18, 2022

Legislative Update

Last week, Senate Regulated Industries advanced SB 512 with little discussion and an unanimous vote. The bill nows heads to the Community Affairs Committee in the Senate. After that committee, the bill will have one more committee stop in the Rules Committee before it proceeds to the Senate floor.

Meanwhile, HB 325 has not yet been heard in the Florida House. However, its first committee, the House Regulatory Reform Subcommittee, meets this Thursday at 1:00 PM. As always, we will alert you as soon as either bill is scheduled for a hearing.

Thanks for your continued support.

In Case You Missed It

Fake vacation rental scams found on Marco Island, ABC 7

In the past week, officers have received two reports of people showing up on Marco island after booking vacation rentals online, only to find out that the property was occupied by an actual renter or an owner of the property. Upon investigation, police found two other fraudulent ads for Marco Island rental properties on Craigslist.

St. Augustine residents angry over speeding and short-term rentals, First Coast News

St. Augustine residents have voiced their concerns over a busy road, Riberia Street, where 19 short-term rentals exist across the one-mile span. Unruly renters already threaten the neighborhood peace, but speeding and a lack of sidewalk space have added to the residents' concerns. Some residents say that speeding and an abundance of short-term rentals are correlated.

Fort Myers re-affirms decision to increase short-term rental registration fees, Fort Myers Beach Talk

The Town of Fort Myers Beach Council reaffirmed its decision to enact higher short-term rental fees and to increase the town's municipal parking lot meters on Monday. While the extra revenue has not been designated to a certain sector yet, some council members argue that the profits should go towards affordable housing in the region, among other things. The new short-term rental registration and renewal fee is set at $300.

Conflict over short-term rentals ensues at Coral Springs City Hall, Coral Springs Talk

Multiple residents spoke out against the city’s current vacation rentals regulations during the Coral Springs City Commission meeting last week. Residents argue that the city is not doing enough to regulate short-term rental homes as more unruly renters threaten the city's peace. Vice Mayor Joshua Simmons said the city commission has worked tirelessly for three years to call and lobby state politicians to gain more control over vacation rentals.

City of Sarasota vacation rental program open, Sarasota Magazine

The City of Sarasota adopted an ordinance last May requiring vacation rental registration in the residential neighborhoods within the Coastal Island Overlay District. Registration began Jan. 3, 2022, and a certificate of registration must be obtained by June 1. The ordinance establishes an occupancy limit and requires 24-hour contact information for the rental, among other requirements, such as a written reminder about sound and parking.

Vacation rental debate teed up for new session, CBS Miami

On Tuesday, the Senate Regulated Industries Committee is scheduled to take up a bill (SB 512), filed by Sen. Danny Burgess, R-Zephyrhills, that is the latest version in a long-running battle between cities and counties as to who should have to regulate vacation rentals. Rep. Jason Fischer, R-Jacksonville, has filed an identical bill in the House. The bills would allow local governments to require the registration of vacation rental properties.

Key West considers doubling transient licensing fees, Keys Weekly

Key West Commissioners are moving to approve a new law that makes sidewalk cafes official and sets the fees for restaurants wishing to place tables and chairs on city sidewalks in front of their establishments. The Commission also considered its first-ever cost increase to the city’s transient rental medallion program that requires short-term rental properties to buy an annual medallion that authorizes rentals of fewer than 28 days. The cost has remained unchanged since 2006.

2022 SRIA Meeting Schedule

Sat, 08 Jan 2022 20:24:39 GMT

Click the link below to view the 2022 meeting information for the Santa Rosa Island Authority (SRIA).

https://sria-fla.com/home-8/a-meeting-information-3/

Ocean Hour Cleanup Dates Nov/Dec 2021

Sat, 20 Nov 2021 19:33:02 GMT

Sign in for our clean ups 8:45 am then we clean up the waterways and watershed from 9-10 am. Rain cancels our events. You can also check our events on our Facebook page and website for updates!

November 20th - 2 sites

1) Graffiti Bridge - N 17th Ave, Pensacola 32502

2) Bartram Park, 211 Bayfront Parkway, Pensacola 32562

November 27th - 2 sites

1) Bruce Beach - 601 Main Street, Pensacola FL 32502

2) Park West - Pensacola Beach

December 4th - 2 sites

1) Bob Sikes Bridge, South end, please park by the Grand Marlin.

2) Naval Live Oaks, 1800 Gulf Breeze Parkway, 32561. We will be meeting by the visitor information center, please let the site captain know if you are willing to drive to another area of the park.

December 11 - 2 sites

1) Bay Bluffs Park, 3400 Scenic Highway, Pensacola FL. At the stoplight @ Summit and Scenic Hwy.

2) Chimney Park, Langley and Scenic Highway, Pensacola FL

All portions of Scenic need to be cleaned.

If you would like to pick another spot please do and bring your trash to one of our sites to be disposed of.

December 18th - 2 sites last cleanups of 2021!

1) Graffiti Bridge - N 17th Ave, Pensacola 32502

2) Bayfront Parkway Cleanup, meet at Veterans Memorial Park, 200 S 10th Avenue Pensacola Fl 32503

You awesome volunteers have cleaned up 34,594 pounds of trash from our beaches, waterways and watershed so far this year. THANK YOU!

We hope to see you at a cleanup! We will have our regular supplies on hand gloves, grabbers, buckets and bags. Bring sunscreen and bug spray if needed, and plenty of water. Closed toe shoes recommended. Kayaks for water cleanups are always welcome! Please wear your Ocean Hour shirt!

Sharon

850.450.1112 please leave a message

Ocean Hour

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Holiday Lights Contest Awards & Caroling Party

Sun, 31 Oct 2021 16:17:58 GMT

Join us for the Holiday Lights Contest Awards & Caroling Party on Saturday, December 11th at 3:00 PM on the Pensacola Beach Boardwalk!

Everyone is invited!! Visit with Santa! Free candy canes for kids!

Halloweed Invasive Plant Removal Workday

Tue, 26 Oct 2021 22:43:54 GMT

Get Your Hands Dirty! Join us to ID and remove invasive plants.

When & Where: Saturday, October 30, 2021 (8am-noon)

Gulf Island National Seashore Naval Live Oaks Nature Preserve and Pensacola Beach

You Will Need To Bring:

Long pants
Loppers
Closed-toed shoes
Clippers
Hat
Small Shovels
Sun Protection
Water Bottle
Gloves

Information & Registration:

Volunteers will locate beach vitex that has been pre-tagged and remove following instructions provided at at sign-in.

Pre-registration Contact: Email Rick O'Connor at roc1@ufl.edu

CLICK HERE TO VIEW THE FLYER

September PBA Update

Thu, 09 Sep 2021 01:12:18 GMT

September 1, 2021

Dear PBA Members,

Finally the sun is shining, but those cloudy skies and pouring down rain did not stop the curious onlookers during Ida. The crossover near me has been packed. We are truly blessed to have been spared Ida. This just reinforces how important it is to have an evacuation plan and to be prepared. Please pray for all of those who are affected by the storm. Speaking of being prepared, please Save the Date for our Annual meeting…October 20^th - 6 pm…The Beach Church. Pizza and adult refreshments like last year and all of that “fun” meeting stuff. More details to come on that. Please also save Sunday - December 12^th for our Holiday Party and Lights Judging Contest. Now for some beach updates

First, an update on the meeting your PBA board had with Ms. Leigh Davis and SRIA legal counsel, Ms. Mary Jane Bass a couple of weeks ago. Our intention was to follow up on data submitted on our ideas to combat short term rental issues and protocol for 5g placement on the island. A gracious Ms. Davis allowed us to discuss “everything but the kitchen sink.” We were able to discuss lease language, and how it governs and legally applies to short term rentals, a proposed draft ordinance by Commissioner Bender to regulate short term rentals and manage them as businesses along with the fees, fines and enforcement provisions, and how to beef up enforcement at the SRIA for STR violations. Bill Wray, who has done extensive research on the topic, is hopeful that the ordinance will be able to pass at the county level. It, along with Ms. Davis‘s leadership at the SRIA should solve many issues. We should all be prepared to testify when it is introduced and debated. Check out our website to see a draft of the ordinance.

I believe Ms. Davis has quickly learned what is important to the beach. I also know she understands that we don’t necessarily believe our lease fees or tax dollars get spent to the best of their ability and that EVERYONE in the county is responsible for paying for beach renourishment. We also discussed how EVERYONE who comes to the beach could: pay a little something more to either cross the bridge, pay to park, and follow the rules if we could enforce them.

When it came to discussing 5g we all agreed that the SRIA board should have been more involved in the initial rollout. If not, then why do we have an environmental impact review committee? We pointed out that cities and counties all across Florida are requiring more information before they approve the placement of these poles. The municipalities are also winning on every front. Just like The SRIA used case law to settle the consideration vs. impact fee, they could also use case law to appeal to the FCC to move some of these poorly placed 5g poles. Heck, they could appeal to the FCC and ask to remove all of them because of their environmental impact on a barrier island. One of the biggest victories for those fighting 5g has been that the FCC just agreed that the emission standards from 1996 are inadequate to deal with 5g emission levels. They stated that new levels of what is safe need to be defined. (See ruling on our website). This is just one of the many discussions and debates shaping the conversation about 5g. ALL of the discussion is favorable for local municipalities, but the question is does SRIA have the will to stand up and fight for the residents? Clearly they could if they wanted to.

Upon discussion of what SRIA can and cannot do, according to a matrix written sometime ago and based on the powers given them in state statute, it became obvious that although SRIA has the ability to do things they may not because of the friction it may cause at the county level. It also became clear that while some actions by leaseholders may be illegal they do not want to enter into lawsuits because it is costly and timely. This tone was implied during discussions on both STR and with 5g. While I understand agencies not wanting to be litigious or at odds with the commission, at what point are they supposed to place the interest of the residents first? This has been a very frustrating area for me personally because the answer to the question is ALWAYS.

At the end of the day we felt the meeting was productive. We discussed the many public works projects involving crossovers and how the mobi mats are not aiding in the growth of the dunes like the crossovers do. We discussed the crosswalks, the boat ramp by the access road, the cut throughs, and the dog parks and lack of enforcement thereof. In many ways our county is broken and we as residents need to say enough is enough! We cannot continue to let the county impose more and more on us without getting angry and speaking our minds. It has been a tough two years on everyone. The businesses cannot find employees, our liberties have been checked, and more and more often government ignores the will of its people.

We must take the time, yes, make the time, to participate in local government. Our future and quality of life depend upon it. I hope you will join us in October at our annual meeting and in the meantime, challenge both the county and the SRIA to do what they are supposed to do

Sincerely,

Rhonda Dorfman

PBA President

Ocean Hour Cleanup Dates for September 2021

Thu, 02 Sep 2021 21:54:38 GMT

We are keeping our sign In for our clean ups at 7:45 am then we clean up the waterways and watershed from 8-9 am until the weather cools. Rain cancels our events. You can also check our events on our Facebook page and website for updates!

September 4 (2 sites)

1) Bob Sikes Bridge, South end, please park by the Grand Marlin.

2) Naval Live Oaks, 1800 Gulf Breeze Parkway, 32561. We will be meeting by the visitor information center, please let the site captain know if you are willing to drive to another area of the park.

September 11 (2 sites)

1) Bay Bluffs Park, 3400 Scenic Highway, Pensacola FL. At the stoplight @ Summit and Scenic Hwy.

2) Chimney Park, Langley and Scenic Highway, Pensacola FL

All portions of Scenic need to be cleaned.

If you would like to pick another spot please do and bring your trash to one of our sites to be disposed of.

September 18 (3 sites) - INTERNATIONAL COASTAL CLEANUP

1) Graffiti Bridge - N 17th Ave, Pensacola 32502

2) Quietwater Beach - 400 Quietwater Beach Road, PNS Beach 32561, meet by the Seashell

3) Park West right before the entrance to Fort Pickens, Pensacola Beach 32561. Please meet in the north parking lot.

September 25 (1 site) - Special pier and beach cleanup with NPS, 3rd Coast Divers, Perdido Key Rotary.

More details to come.

We hope to see you at a cleanup! If you have your own gloves, bucket or grabber, we encourage you to bring your own due to the pandemic. We will have our regular supplies on hand if you don't have these items (Gloves, grabbers, buckets, bags). Bring sunscreen and bug spray if needed, and lots of water. Closed toe shoes recommended. Kayaks for water cleanups are always welcome! Please wear your Ocean Hour shirt!

Parking on the Beach (Opinion Post)

Thu, 02 Sep 2021 21:34:26 GMT

From PBA Member Rick Gordon:

There are many ways, some small, some larger, to control parking on the beach.

1. Raise the bridge toll to $3-$5 to encourage car pooling and gain revenue for beach infrastructure.

2. Raise the resident's annual pass back to the $50 it used to be. Use the funds for beach infrastructure.

3. Consider use of the GB school parking lots during the summer (non-school) season and supplement it with low cost or no cost jitney service to Casino Beach.

4. Regarding parking meters .... as you know we frequent Bar Harbor (Maine). The town, about the size of Gulf Breeze proper, implemented parking meters in 2020. They are required from May 1 to October 31 - their prime season time. I understand that they have collected more funds than anticipated - for town infrastructure use.

Parking Information | Bar Harbor, ME - Official Website (barharbormaine.gov)

Bar Harbor also has residential stickers - although for a different purpose than our hurricane passes! I could see parking meters used in the large public lots on the beach at Casino Beach and Park West - BUT that could cause some crazy parking situations in ALL other locations - so, to me, items 1-3 are much better solutions.

Manatees on the Move!

Mon, 30 Aug 2021 16:29:03 GMT

Visit Pensacola Beach - Manatees on the Move!

By Jessica Bibza

Did you know manatees are being sighted with increasing frequency in Northwest Florida? More and more coastal residents and visitors are delighted as they see manatees when they are swimming, boating, kayaking, paddleboarding, or spending time overlooking the water from their docks and balconies.

Manatees were historically found primarily in peninsular Florida (Crystal River and further south), only occasionally ranging up along the northern Gulf or Atlantic Coasts. But in the Gulf of Mexico region, more and more manatees are wintering at Wakulla Springs in the eastern panhandle and then roaming further west during the summer.

In fact, manatees have become such regular summer and fall visitors in Mobile Bay, AL that the Dauphin Island Sea Lab (DISL) started a Manatee Sighting Network (MSN) in 2009....

To continue reading this article, click the link below:

https://visitpensacolabeach.com/manatees-on-the-move-blog/

Escambia County Building Services to Host Virtual Floodplain Management Course

Tue, 27 Jul 2021 01:25:57 GMT

The Escambia County Building Services Department is offering a virtual two-day course on floodplain management on Wednesday, Sept. 15 and Thursday, Sept. 16, from 9 a.m. to 4:30 p.m. each day.

Fundamentals of Floodplain Management will discuss elevation certificates, freeboard and hydrostatic vents. This introductory course will also focus on additional elements of floodplain management and details what Certified Floodplain Managers do in their day-to-day roles.

The cost is $100 for Florida Floodplain Managers Association members and $300 for non-FFMA members. Register for the course online at FLfloods.org/calendar. For more information, contact Sally Cook at training@FLFloods.org.

Click HERE to view flyer.

PBA July Update 2021

Tue, 27 Jul 2021 00:28:02 GMT

Congratulations! If your reading this newspaper you survived the busiest week of the year on the beach, or…you just got into town! After resting up and putting my house back together, I took a quick survey of some of our PBA street captains and all seems well. Rarely do I partake in the madness at the core during Blue Angels, but I did this year and was impressed with the organized chaos. The operation was the closest thing I’ve seen to Mardi Gras day in New Orleans, and I thought all of our agencies did a great job. From public works to the sheriff’s department it’s amazing how it all comes together so kudos to the SRIA and Chamber for pulling it off year after year. To our beach visitors I must say I saw the most creative parking I’ve ever seen. Thank you Blues for a great show!

Just like the Back to School specials that begin to pop up after the 4^th it’s back to work time for the Advocates too. Advocate board members have been working hard confirming stats and gathering data in preparation for a short term rental ad hoc committee. The goal will be to pull together agencies in government and the private sector with the purpose of stopping vacation rentals from acting as an unregulated business on the beach, to improve safety, and to prevent the construction of anymore monster hometels. Commissioner Bender is set to unveil legislation in the Spring for regulation and we are hoping that all agencies, both private and public will better understand what can and can’t be legally done. Members have been calling in and reporting infractions when they see them with thanks from Ms. Davis.

Under the new SRIA leadership we have seen improved communication and response to complaints, enforcement on lease violations, and progress with better signage at the dog parks. Internally an effort is being made to provide more information to SRIA board members so they can make informed decisions. They were also able to get Verizon to make good on a promise from December 2020 to paint the ugly 5g poles. If you want your swf painted please let Ms. Davis know as this was a test of the new color to see if they looked better.

In fact LOTS of forward progress has been made in the regulation of 5g. Unfortunately it has had to come from residents filing suit with the FCC or complaining to their local governments non stop until they do something. What we have consistently seen both locally and throughout the country is that the industry pushing 5g will come to the table to meet and comply with local governing agencies if the local governing agencies USE their voice to regulate on behalf of their constituencies. Please go to pbadvocates.org to see all of the progress and how other counties on the Gulf Coast are addressing residential concerns over 5g and how they negotiated for more aesthetically pleasing swf. We have also posted a revised 2020 study which details the possible impact to migratory animals such as our nesting bids and sea turtles.

Enjoy your Summer. When you put away those summertime decorations make sure you know where your Christmas decorations are because PBA will be hosting a Holiday Lights contest. If your not a member please join today. Go to membership@pbadvocates.org.

Thank you for your support.

Rhonda Dorfman

PBA President

The Ugly Side of 5G

Thu, 15 Jul 2021 13:30:43 GMT

Read the following articles for more information and facts on 5G:

9 Facts About 5G You Need To Know

https://www.amymyersmd.com/article/facts-about-5g/

Grassroots group plans 5G pole protest in Dewey Beach

https://www.capegazette.com/article/grassroots-group-plans-5g-pole-protest-dewey-beach/222233

New cell towers spoil the scenery and crowd people’s homes

https://www.washingtonpost.com/local/5g-towers-dewey-beach/2021/07/11/455e3866-e0f4-11eb-9f54-7eee10b5fcd2_story.html?fbclid=IwAR1vSy8twmOIrKyiJMcL7VUwnn1buRjoWRvtBS8-yUTXuGij0YXPf2e1bvI

NWF Water Management District

Wed, 19 May 2021 00:27:13 GMT

Click the link below to view the Northwest Florida Water Management District Flood M.A.P Program Virtual Open House Experience

https://experience.arcgis.com/experience/e7d5c77dc3234e02934cb82b88f96981/

Hello Beach Residents! Welcome Guests!

Tue, 11 May 2021 00:35:49 GMT

Hello Beach Residents! Welcome Guests! Welcome to this gorgeous place we call home.

Spring is definitely in the air and the changes coming to Pensacola Beach are as fresh and welcomed as the weather. Just as we welcome in a new season we would also like to welcome Ms. Leigh Davis our new S.R.I.A. Executive Director and Mr. Juan Lemos, our new Director of Development and Environmental Services. ThePensacola Beach Advocates would like to officially welcome them to the most beautiful place they will ever work.

We are so fortunate to have such qualified individuals assume the reins as Executive Director and as Environmental Services Director for the S.R.I.A. The S.R.I.A. Board also has a new chairman at the helm and it is our local elected member, Dr. Thomas Campanella. Just like the winds are always changing on the beach, I am hopeful that this new leadership brings many welcomed changes to our local governing body. At the Advocates, polling of our members suggest we can improve the governance of local matters on the beach. During this research, we discovered SRIA is defined as a dependent board having authority over the municipal affairs on the beach.

As you know all of our county commissioners have an appointment to the board, and we the residents have an elected representative. Do you really know what S.R.I.A has the authority to do? The statutes gives them the ability to not only manage the leases on the beach but to do so much more…and they have the ability to enforce it. If you are a member of PBA, check out the document on our website. It reads like a city charter.

I bring all of this up because recently we have had problems similar to those of other beach towns in the state of Florida. We have had a proliferation of “hometels,” 5g poles that were erected without proper committee approval, unlicensed businesses operating illegally, and decisions made unilaterally that should have been heard and debated by the SRIA board. At S.R.I.A. board members have committees that they have been assigned where most matters should be discussed before decisions are made. It seems like policies get created, but very little input is given by the board members who are appointed to serve.

The majority of residents do not want the S.R.I.A. to go away. In fact, the staff receive very commendable remarks. We want our dependent governing board to bare their teeth, show some grit, and flex their muscles where the statutes say they can. I hope that the relationship our chairman and new executive director will bring to the table will be one of extensive dialogue, debate, and exchange before decisions are made. Welcome to the most beautiful beach in the world… let’s keep it that way. If you would like to join the Pensacola Beach Advocates please go to our website at pbadvocates.org and join today. Make your voice heard exponentially when we meet, share, and educate on matters that count for the residents and leaseholders on the beach. Also save the date -June 5th - for the Sea Turtle Homecoming and Baby Shower. Permits and planning are in the works.

Rhonda Dorfman

PBA President

Enjoy Pensacola Beach’s Natural Wonders with the New Eco Trail Website

Thu, 29 Apr 2021 18:54:48 GMT

Dive a little deeper and you’ll discover Pensacola Beach hosts a fragile and diverse eco-system with abundant wildlife and plant life: from the inquisitive Bottlenose dolphin to the mighty Bald eagle to the rarest of all sea turtles – the Kemp’s Ridley. All call our pristine beach home. Did you know we even have carnivorous plants on Pensacola Beach? (Don’t worry – Sundews prefer to eat insects.)

The SRIA recently launched a new, content-rich website showcasing the many unique creatures and features of Santa Rosa Island. The Pensacola Beach Eco Trail website is an extension of the physical “Footprints in the Sand” Eco Trail on Pensacola Beach, which consists of nearly three dozen informative, educational signs scattered across the island. An interactive map hosted on the website guides visitors along the physical trail, which stretches from just outside the Gulf Islands National Seashore Fort Pickens gate to Park East – just before the Opal Beach area.

Stunning imagery and videos illustrate the wide variety of plant and animal life that can be found here. Nearly all of the photos and videos showcased have been graciously shared by 21 local photographers and videographers, and the written content for the site was contributed by subject matter experts.

So, dive in here to discover the many natural wonders of Pensacola Beach. Or, better yet, grab your hat and binoculars and go explore the actual trail along our beautiful barrier island in person, with the aid of the virtual map embedded on the site.

Read the full article HERE.

SRIA Meet & Greet

Wed, 21 Apr 2021 00:55:40 GMT

Meet the New SRIA Executive Director!

Santa Rosa Island Authority invites you to get to know the new Executive Director, Leigh Davis.

Monday, May 3rd

5:30-7:00 PM at The Beach Church (920 Panferio Dr. Pensacola Beach)

Thursday, May 6th

10:00am - Virtual Meeting via Zoom

Beach Vitex Survey Training - April 8th

Tue, 06 Apr 2021 00:40:25 GMT

Florida Sea Grant Escambia County University of Florida IFAS Extension

There is a Zoom Meeting to inform and train anyone who would like to help locate Beach Vitex. We will go over this project, the plan, and the spreadsheet attached, as well as show you how to identify and report the plant in your area. We will also find out from you where you want to survey. You can select any water body where the seeds of the plant, if they fall into the water, would reach our coastal beaches.

Topic: Beach Vitex Survey Training

Time: Apr 8, 2021 06:30 PM Central Time (US and Canada)

Join Zoom Meeting

https://ufl.zoom.us/j/93519511660?pwd=WVorNDlnM3FNeVZYdUg2TmowVDRDZz09

Meeting ID: 935 1951 1660

Passcode: 725723

PBA March Survey & Results

Fri, 02 Apr 2021 19:29:35 GMT

Two surveys were sent out last month asking active PBA members their opinion on various things such as making Ariola Dr. one way (East), creating residential parking permits for leaseholders, etc.

Below are the survey questions and the responses.

Part 1 Results: https://www.surveymonkey.com/results/SM-6WHTRMBK9/

Part 2 Results: https://www.surveymonkey.com/results/SM-XBVMPG6K9/

If you are an active PBA member, always keep an eye out for emails from Pensacola Beach Advocates and be sure to respond to the surveys and emails. Your answers are very important and help us make important recommendations and changes.

CALL TO ACTION ON 5G – 60 SECONDS, 2 PARAGRAPHS, 3 STATE LEGISLATORS

Fri, 05 Mar 2021 15:01:10 GMT

Wireless companies like Verizon and AT&T have spent hundreds of millions of dollars lobbying state and federal legislators to game the system, and they’ve also spent a tremendous amount of money influencing local elected officials. Wireless companies and site developers are now accelerating the placement of 5G cell poles and antennas in Pensacola neighborhoods during the COVID-19 pandemic when City resources are stretched thin and staff struggling each day with new developments.

Other cities halted the rushed 5G roll-out until adequate science-based health information shows the public will not be adversely affected by chronic exposure to 5G radiation emissions near residential homes. The wireless industry plans to place poles every 250 to 750 feet in Pensacola neighborhoods, which would virtually turn our community into a wireless pin cushion. Other cities implemented smart policies and comprehensive design criteria to minimize the aesthetic impacts of these poles. Mayor Robinson says the City Council “… has no ability to regulate this once so ever.” (February 27, 2020 City Council Meeting)

The Florida Legislature preempted cities in many ways with a terrible state law. Now it’s your turn to make your voice heard. Florida League of Cities President Tony Ortiz called on us to contact our State Legislators and “preach the gospel of Home Rule" … “when they do, things will change.” Want a say over 5G cell towers …, PNJ, Feb 23, 2021.

Email your State Legislators – Broxson, Andrade and Salzman – today

Share with concerned neighbors, family and friends ... commit to share with 3 others, and get them involved.

A sample email or letter (Subj: 5G in Pensacola and Local Authority):

I am your constituent, and I ask you to repeal Florida Bill SB 1000 and amend Florida’s Small Cell Statute, Fla Statute Sec 337.401(7). Florida’s Small Cell Statute is replete with provisions that serve no interests other than those of the wireless industry. Perhaps the worst is Sec 337.401(7)(d)(3)(f), designed to prevent cities and counties from requiring wireless carriers to provide notice or hold public meetings that would allow constituents to ask questions and become more aware of plans for new cell towers or wireless facilities near their homes. This provision serves no purpose other than to undermine citizen engagement.

The practical application of Florida’s Small Cell Statute is that it strips municipalities of local zoning authority, thus allowing site developers to locate poles based purely upon their corporate interests and in total disregard of community stakeholder values. Florida Legislators were hoodwinked when wireless industry lobbyists made assurances they knew were untrue and promises they never intended to keep. Home Rule is supported by an overwhelming majority of Florida residents. The Florida Legislature should stop enacting state laws that interfere with local authority and the ability of local officials to manage their own affairs. The best government is that closest to the people. Accordingly, I ask you to repeal SB 1000 and amend Florida’s Small Cell Statute.

Sincerely,

[YOUR NAME]

# # # #

If you want to personalize your letter, insert your personal experiences. Please email your State Legislators – Senator Broxson, and Representatives Andrade and Salzman today. Then, if you have time, follow it up with a phone call. Listen to their feedback, and please forward it back so we can further refine our message to local elected officials and federal officials.

Email Senator Doug Broxson at Broxson.Doug@flsenate.gov and/or call his office at (850) 487-5001. His legislative assistants are Kevin Brown and Cindy Harigel. If you prefer regular mail, his address is 418 Senate Building, 404 South Monroe Street, Tallahassee, FL 32399-1100.

Email Representative Alex Andrade at Alex.Andrade@myfloridahouse.gov and/or call his office at (850) 717-5002. His legislative assistant is Katie Doughty, and his secretary is Trevor Schaettle. If you prefer regular mail, his address is 308 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300.

Email Representative Michelle Salzman at Michelle.Salzman@myfloridahouse.gov and/or call her office at (850) 717-5001. Her legislative assistant is Debra Malsberger. If you prefer regular mail, her address is 1401 The Capitol, 402 South Monroe Street, Tallahassee, FL 32399-1300.

I called all three this week, and left a message with Representatives Andrade and Salsman, and spoke with Senator Broxson’s assistant Cindy Harigel. It didn’t take long. A few helpful hints:

Contact your legislators using a variety of communications methods – by phone, letter, email, fax, social media or by visiting in person. Be concise, yet specific. Tell your legislators what effect Florida’s Small Cell Statute has on you, your family, your home value and your ability to enjoy your home, your neighborhood, and more.

Timing is everything … wireless industry lobbyists are engaging our legislators with excuses.

It is important to stick to one issue, make your main point clear and back up your opinion with facts. For the greatest impact, personalize your letter to tailor your experience

If you receive a reply email or letter, or have a conversation and get feedback (I encourage it), please share with me at johnherron@me.com or call me at (858) 699-4903. Thank you. Feedback helps us refine our message, and to stay sharp and on point.

Event Homes in Pensacola Beach - Island Times

Wed, 03 Mar 2021 02:28:40 GMT

When trying to understand the “Event Homes” industry on Pensacola Beach that are marketed to world via the internet, it’s appropriate to keep in mind the lease language for the land on which these “homes” are built on. Most have the boiler plate language of “leased to Lessee as a residential property for the purpose of constructing and maintaining a single family permanent type residence thereon”. Think about that, as well as the absurdity of “Event Homes” blending in with residential neighborhoods while considering these direct quotes of real estate agents, owners, and renters that were found on websites advertising them on Pensacola Beach:

Great place, everyone was comfortable and the reception party of 55 was no problem!

The first full year on the rental program (2019) - over $182K in gross rents with $200K+ potential.

Open spaces underneath the home make it the perfect venue for an elegant wedding or a large family gathering (maximum 50 people)…Nonrefundable event fee is $2,000 (plus tax)

Fully furnished, this home has been on a rental program and is perfect for Large Family Reunions & Corporate Retreats.

Our entire family (40 of us) stayed in this beautiful house during Labor Day weekend.

This house, with nearly 6,000 square feet, will hold plenty of guests for any type of party - we had 70 people attend the wedding

Home is on vacation rental program. 2018 annual rental $106,955. 2017 rentals $109,965. Consistently produces around $110,000 in gross rental revenues.

The 2nd level family room is 1,200 sq. feet that has both GULF and SOUND views and can be used as a reception or inside wedding area in case of bad weather. Owner rents tables and chairs for weddings/parties.

BONUS SLEEPING AREA 1- 2 sets of stacked custom twin bunk beds located in a(n) over sized hallway.

Low land lease of $190!

Our home is ideal for weddings, anniversaries, or special occasion gatherings. There is off-street parking for up to 12 cars. There is room for sports team bus. ATTENTION ALL INVESTORS. THIS IS NOT A FLIP. This is a legitimate investment opportunity that has generated in excess of six figures annually...

Are these “Event Houses” really the single family residences called for in the land lease? Are they residential or commercial? The PBA has called for the SRIA or the Board of County Commissioners to enact and enforce a meaningful short term rental (STR) ordinance to license and inspect rental homes like the hotels they compete with. However, local officials’ ability to enact such an ordinance may be limited by HB219, which is currently under consideration in Tallahassee. That bill would cede STR control to the State. Please take time to review the pending legislation and let Rep. Andrade, Rep. Salzman, Sen. Broxson, and the PBA know your thoughts about local control of STR. We would also encourage you to contact Commissioner Bender regarding enacting a strong STR ordinance for Escambia County. Our contact information can be found at http:www.pbadvocates.org

Office Contact Number:

Rep. Andrade: (850) 595-0467

Sen. Broxson: (850) 595-1036

Rep. Salzman: (850) 941-6091

Comm Bender: (850) 595-4940

Want a say over 5G cell towers, short-term rentals?

Thu, 25 Feb 2021 03:12:08 GMT

Leaders of the Florida League of Cities visited Pensacola on Tuesday to deliver a message that if residents like their cities to have control over their own affairs, a concept known as home rule, then they need to make their voices heard to the Florida Legislature.

Pensacola Mayor Grover Robinson hosted Orlando Commissioner Tony Ortiz at a joint press conference Tuesday. Ortiz is president of the Florida League of Cities and was in Pensacola to "preach the gospel" of home rule.

"This is a gospel that needs to be preached to the whole state," Ortiz said.

The power of home rule was illustrated in the past few years when the Florida Legislature pre-empted local government's power to regulate small cellphone antennas in public rights of way. Many Pensacola residents were upset to find out a 5G cellphone pole was going up in front of their house, and city officials had limited powers to regulate them.

"Our hands are tied in a lot of ways by what happened (in the Legislature)," Robinson said, adding that home rule for cities is guaranteed by the 1968 Florida Constitution. "The League continues to (have the) position that these pre-emptions shouldn't be done, and that they are really against the '68 Constitution. And that we should have the ability to set our own standards."

Ortiz said the pre-emption on small cellphone antennas is likely to remain unchanged unless the Legislature hears from residents.

"If those residents start calling, and those legislators start seeing the masses calling and getting engaged, they're going to start changing," Ortiz said.

Other issues up for debate this year in the Legislature include a bill that further restricts local governments' ability to regulate short-term rentals and puts regulation in the state's hands, as well as a bill that would allow people to operate businesses out of their homes even if that is against city zoning rules.

Ortiz said passage of the bills would create "chaos" in local communities.

Many of the bills the League is opposed to are being put forward by the Republican leadership in the Legislature.

Ortiz, who is a Republican, conceded that the legislators who have been voting in favor of home rule lately have been Democrats, but he still believes home rule is a bipartisan issue.

"I don't know if this is a constant," Ortiz said. "I hope it's not. But we like to engage each and every one of the members to make sure that it's not. Because funny enough, the Republican Party historically has always favored home rule."

Robinson, who also is a Republican, said he agreed and pointed out there isn't a partisan way to fill a pothole. He said he believed partisan politics shouldn't play a role at the local level and was glad Pensacola had non-partisan elections.

"It's not about parties and sides," Robinson said. "… We are allowing the sides to tear at the fabric of what is most important, and that is community. And that's working together to solve these problems. We've got to pick up garbage. We've got to fill potholes, we've got to do those kind of things to make our community better."

Ortiz said legislators should be representing their communities and talking with residents and local leaders about what's happening in Tallahassee.

"We need to make sure that those in Tallahassee are paying attention and are coming back to the municipalities, talking to the residents and talking to the local elected officials before they go to Tallahassee and legislate on our behalf," Ortiz said.

Jim Little can be reached at jwlittle@pnj.com and 850-208-9827.

Click HERE to view the full article

NRDA Trustee Implementation Group Releases Proposed $62M Florida Restoration Plan for Public Comment

Thu, 25 Feb 2021 03:01:57 GMT

Published Feb 23, 2021

The Florida Natural Resource Damage Assessment (NRDA) Trustee Implementation Group released its Draft Restoration Plan II and Environmental Assessment, including 11 projects within Escambia County and adjacent localities. NRDA invites the public to comment on the full suite of 19 restoration projects through Mar. 29.

A public webinar will be held Mar. 11 at 4 p.m. CST. Those seeking to attend can register with this link.

"This is an opportunity for our local community to get involved with the welfare of our wildlife, beaches and local natural resources," said Matt Posner, senior advisor of Pensacola & Perdido Bays Estuary Program and Natural Resources Management Department RESTORE program manager. "We encourage the public to reach out and share their support or feedback about the projects that directly impact their community."

The draft plan seeks to award $62M in funding to directly benefit residents, visitors and natural resources across the state of Florida. The plan's current draft allocates more than $43M to Escambia County and its surrounding localities. The plan proposes projects for restoring natural resources and services adversely impacted by the Deepwater Horizon oil spill. The local proposed projects are included in the chart below.

Follow this link to learn more and review the plan. The public can provide feedback by submitting comments online, during a public webinar or by mail via the following address.

U.S. Fish and Wildlife Service
P.O. Box 29649 Atlanta, GA 30345

Project Name	Lead Implementor	Grant Amount
Engineering and Design for Pensacola Beach Park West Fishing Pier and Access Improvements	Escambia County	$353,100
Pensacola Beach Fort Pickens Road Wildlife Lighting Retrofits	Escambia County	$540,000
Johnson Beach Access Management and Habitat Protection	Department of Interior (DOI)	$3,200,000
Perdido Key Sediment Placement	DOI	$6,773,000
Baars Park and Sander Beach Kayak Fishing Trail Access	City of Pensacola	$1,402,000
Pensacola Community Maritime Park Public Fishing Marina	City of Pensacola	$3,190,000
Florida Artificial Reef Creation and Restoration (Gulf-wide)	Fish and Wildlife Conservation Commission (FWC)	$10,342,500
Florida Shorebird and Seabird Stewardship and Habitat Management (Gulf-wide)	FWC	$10,500,000
Reducing Threats to Sea Turtles through Removal of In-water Marine Debris (Gulf-wide)	FWC	$3,667,400
Increased Observers and Outreach to Reduce Incidental Hooking of Sea Turtles (Gulf-wide)	FWC	$1,394,000
Florida Marine Mammal Stranding Network (Gulf-wide)	FWC	$5,000,000
Gulf Breeze Parks Boating and Fishing Access Upgrades	City of Gulf Breeze	$1,221,000

Click HERE to view the full article

2021 Spring Break Safety Meeting

Tue, 26 Jan 2021 22:49:58 GMT

The Santa Rosa Island Authority welcomes beach residents and property managers to the 2021 Spring Break Safety Meeting.

Date & Time: Tuesday, February 2 at 5:30 P.M.

Location: The Beach Church - 920 Panferio Dr., Pensacola Beach, FL 32561

Join us Tuesday night to discuss this year's safety and law enforcement plans. Help us keep Pensacola Beach a safe, family-friendly and fun spring break destination enjoyable for all!

For more details, visit www.visitpensacolabeach.com

Click HERE to view the PDF flyer.

EHT et al. v FCC

Tue, 26 Jan 2021 22:37:31 GMT

There was a very interesting hearing in federal court yesterday before the U.S. District Court of Appeals. In EHT et al. v FCC, USCA Case No. 20-1025, plaintiffs (Environmental Health Trust, and others) seek to vacate and update an FCC Order addressing RF emissions (FCC Order 19-126) because the FCC did not properly consider the evidence before it while making RF radiation limits. The FCC RF radiation limits were set in 1996, and only take into account thermal effects of RF radiation and do not consider non-thermal biological effects. There were great questions from the bench, and its seems the judges are likely to rule against the FCC. Here’s a link to the hearing, and it’s about 60 minutes long (the court originally planned for only 10 minutes each side). If you listen, you will hear classic back-pedaling by a federal agency attorney … this is great stuff. I am very optimistic for a favorable ruling by the court - https://ehtrust.org/5g-wireless-harms-lawsuit-against-the-fcc-eht-et-al-v-fcc/

EHT has also been kind enough to publish a few articles about Pensacola in their web-site.

Escambia County Broadband Assessment PDF

Mon, 18 Jan 2021 17:06:45 GMT

For those following the 5G installation in Escambia County, you can read the full Broadband Assessment and Feasibility Study below.

Click HERE for the full Broadband Assessment & Feasibility Study PDF

2021 SRIA Meeting Information

Wed, 13 Jan 2021 16:14:52 GMT

Visit the link below for the 2021 meeting schedule of the Santa Rosa Island Authority.

https://sria-fla.com/home-8/a-meeting-information-3/

5G Health Concerns Sow Uncertainty Amid Ongoing Rollout

Wed, 06 Jan 2021 22:41:19 GMT

While deployment continues unabated across the U.S., a small coalition of groups and leaders are trying to put the brakes on 5G in a bid to learn more about the technology.

The COVID-19 pandemic and 5G technology found themselves unlikely bedfellows earlier this year, as more than 70 cell phone towers in the United Kingdom and Europe were burned by those who blamed network rollout for the spread of infection.

The arson attacks brought a rebuke from Mobile UK, the trade association that represents UK telecoms providers. In a statement, the group called the attacks "senseless," and said that links between COVID-19 and 5G are "false and have been continuously rebuffed by scientists."

Such retaliations have come at a social cost. Mobile UK spokesperson Gareth Elliott said in an email that there have been 130 arson attacks and over 200 instances of "abuse to staff." Elliott did not have a cost estimate for the tower repairs.

The attacks, an extreme reaction, were the result of rumors started on social media and other internet outlets that linked the technology with the global health crisis. And while the United States has not yet seen any reported copycat attacks of tower arsons, the Department of Homeland Security and NATE: The Communications Infrastructure Contractors Association have both warned of such activity, particularly during the 5G Global Protest Day on June 6 this year.

CLICK HERE to continue reading the article....

Escambia County Legislative Delegation

Wed, 23 Dec 2020 19:00:51 GMT

Media Advisory/ Public Notice

Escambia County Legislative Delegation Sets Public Hearing

Pensacola, FL - Members of Escambia County’s state legislative delegation will hold a public hearing on Tuesday, January 19^th, 2021 from 5:30 p.m. until 7:00 p.m. at the Pensacola State College Jean and Paul Amos Performance Studio; 1000 College Boulevard Pensacola, FL. 32504.

Delegation members will hear presentations from government entities, organizations, and take public testimony on proposals for the 2021 Regular Session of the Florida Legislature. The delegation will also consider local bills; including an act to consider term limits and oversight of the Emerald Coast Utilities Authority.

Any member of the public is welcomed to attend. The Escambia County Legislative Delegation consists of Senator Doug Broxson, Representative Michelle Salzman, and Representative Alex Andrade.

To request an appearance form to be placed on the meeting agenda, individuals should contact Senator Doug Broxson’s office at (850) 595-1036, or email: brown.kevin@flsenate.gov no later than 5 p.m., Wednesday, January 13th, 2021.

Letter to SRIA Commissioners

Mon, 14 Dec 2020 21:16:16 GMT

December 9, 2020

Dear Santa Rosa Island Authority Commissioners,

On Monday, December 7^th, 3 of our Pensacola Beach Advocate board members met with Paolo Ghio, Dr. Campanella, Commissioner Bender,  legal counsel for  Escambia, and  several members from Verizon via a zoom call.  The discussion was about placement of 5g small wireless facilities (SWF)  in public row without any public hearing or notice to residents.  In other words, one day you wake up and a tall, ugly, green pole - transmitting what some people believe to be very unhealthy high frequency radiation - is installed  in order to implement 5g technology. What we learned was astonishing.

First of all, Verizon has a plan to install approximately 20 SWF on the beach.  At the meeting, Paolo stated that he has the master plan and we requested a copy of it.  This process began 18 months ago yet no documents were ever  presented to the Island authority for review,  nor did  the design or placement  of the  poles go through a committee.   Lawsuits for various different reasons have been filed  across the country  to  stop  the rollout of 5g technology.  Health concerns, environmental impact and violations of state and local laws are just a few of the reasons cited for these lawsuits.  Many cities who began the rollout early have now stopped due to the  overwhelming number of complaints from residents who believe that these poles affect property value, are aesthetically ugly and don’t compliment their neighborhood surroundings, and are too close to their homes.  In fact this industry specifically asked the state of Florida to pass a law to  waive their requirement to hold public hearings about the placement of these poles because it is such a controversial issue.  They did…..hence all the cities and municipalities filing suit both in Florida and around the country.

In 2018, Escambia County adopted an ordinance to regulate matters regarding the placement and aesthetics of these (swf).  I asked the county permitting department about the process  and they stated that “if Mr. Ghio had not approved the applications then they would not have approved the application.”  The county also has negotiating rights as to where these  poles can  be placed.  I am assuming that according to the terms of local,  state and Federal rules we would have begun a negotiation process.   During this time we could have asked for an environmental impact study as it affects the nesting birds, turtles, and humans, or we could have held a public hearing on placement and design.  I asked if they were going to install them in the national seashore and he said no.  We could have created our own guidelines to an extent but none of that was done.  We could have argued as the law and our ordinance contends  that we are a barrier island  and barrier islands matching certain requirements are exempt.   It was pointed out to me that we are not our own municipality nor do we have our own governance.  Well it doesn’t look that way under your website page entitled “who we are”,  and the permitting started here.  The point is  that the approval and placement of these ugly and highly controversial 5g poles (swf) started here,  there was no public notice,  and the telecom industry wants it that way for a reason.

Now here is what else we learned,

-they have no idea how many more applications they will need to make

-the powers that be at Verizon have no idea where these poles are or how close they are to our homes

-they could not tell  us what the final inspection plan will be before they are turned on.

-Paolo did not know who from the county or from Verizon would be doing a final inspection or when they would be active.   A subcontractor is responsible for the installation.

As Dr. Campanella  asked “Why did you start at the beach?”   They replied “usage.”  Really?

Please do not allow any more installations (Including those applied for and approved) until proper studies and reviews are completed.    Please present the master plan and hold public hearings. Please  consider a design that is more conducive to the island,  and please review the legislation to insure that we actually have to place them  on the beach. Dr. Campanella also commented in our meeting that perhaps there should be a moratorium until the technology is more fully understood.

Sincerely,

Rhonda Dorfman

PBA President

Short Term Rental Sweet 16

Thu, 10 Dec 2020 16:54:33 GMT

At our annual meeting several weeks ago, Pensacola Beach residents shared with the group concerns about short term rentals in their neighborhood. Complaints included noise and safety concerns as well as observations of public urination, drug dealers making deliveries, blocking of the beach for weddings, and more. Some noted their weariness of having to constantly call the authorities and nothing changes except having another huge group of “party animals” the following week. Commissioner Bender, who was at that meeting, made a passing comment about the short term rental ordinance at Flagler Beach. Using that as a spring board, the PBA has reviewed that ordinance as well as several others across Florida to come up with a “Sweet 16” list of items that should be included in any short term rental (STR) ordinance for single family homes and condominiums on Pensacola Beach;

1. Properly identifying these properties as COMMERCIAL - Is a property that is actively used to generate income for the owner residential or commercial? Does a residential property have a sign permanently placed in the front yard or on line advertising it for rent? What about advertising a home as a wedding house, event house, or party venue? Zoning concerns aside, if a homeowner is actively competing with hotels and/or banquet halls, then they should be classified as commercial and be licensed and inspected just like those facilities.

2. Ensuring proper licensing through the S.R.I.A., Escambia County or the State of Florida – to make sure a property owner is following all of the rules, proper licensing would be absolutely essential. Flagler Beach requires a rental permit application which would also include a copy of the deed, general liability insurance, a complete fire inspection, a copy of the State license issued by the Florida Department of Business and Professional Regulations, a copy of a Sale Tax Certificate, and a copy of the Local Business Tax Receipt application.

3. Minimum life safety requirements – items like emergency lighting, fire extinguishers, smoke/carbon monoxide detectors, and pool safety would fall under this category

4. Maximum occupancy limits – the National Fire Prevention Association (NFPA) Life Safety Code 2018 Edition Section 7 Means of Egress Occupant Load Factor Table 7.3.1.2. (Page 84) notes there should be at least 200 square foot per person. There are some locales that use 150 square feet, and some limit occupancy to 2 per bedroom with a maximum number ranging from 6 to 16 people. The NFPA requirement of 200 square feet seems to be logical and not an arbitrary number.

5. Advertising must comply with all ordinances - Any advertising of the short-term vacation rental unit should conform to information included in a Short-Term Vacation Rental Certificate, particularly as this pertains to maximum occupancy.

6. Solid waste containers – Flagler Beach mandates one 35 gallon trash container with a lid that securely fastens per 4 transient occupants. Trash cannot be at the curb until the day before pick up and must be removed no later than sunrise the day after pick up. As we recycle in Escambia County, the PBA would recommend one or more of the containers be a dedicated recycling container.

7. Noise limitations and quiet hours – Escambia County Code of Enforcement Section 42 – 67 already has the following rules in place; In no event shall a person operate or cause to be operated or create any source of sound in the core area of Santa Rosa Island in such a manner so as to create a sound level which exceeds 70 dbAs (sound level measurement) when measured by a sound level meter at or within the property boundary of the receiving land use. On the remainder of Santa Rosa Island, outside the core area, in no event shall a person operate or cause to be operated or create any source of sound in such a manner as to create a sound level which exceeds 65 dbAs (sound level measurement) between the hours of 7:00 a.m. and 10:00 p.m. and which exceeds 55 dbAs (sound level measurement) between the hours of 10:00 p.m. and 7:00 a.m. when measured by a sound level meter at or within the property boundary of the receiving land use. This should already be enforced, but we are told that officers have not been properly trained in the sound monitoring devices that the Escambia County Sheriff’s Department already owns. We do not think that is acceptable, and call for the proper training and enforcement to begin immediately.

8. Routine inspections – Scheduled and drop-in inspections are a very good way to monitor compliance.

9. Identifying the responsible party – there should be an owner or an owner’s representative available 24/7 in case of an emergency or violations. The contact information for that person should be clearly posted for the renters as well as the authorities.

10. Displaying local rules & emergency information – dogs, glass, campfires, and driving that are prohibited on Pensacola Beach along with Leave No Trace and Turtle Lighting rules should be prominently posted as well as emergency numbers and the location of the nearest hospital, police and fire departments.

11. Parking limitations – street parking is prohibited and the minimum off-street parking shall be provided as one (1) space per three (3) transient occupants in the Flagler Beach ordinance. This does not seem to be onerous.

12. Fees & Fines – the fees for initial certification and annual recertification should be set low enough to encourage compliance and high enough to help offset the cost of inspections.

13. Offences & Violations – as there may be a new group of renters each week, there needs to be a running total on owners with an escalating schedule of fines for repeat violations. Fines, liens, revocation of rental certificates, and civil or criminal penalties should all be included in any ordinance.

14. Immunity from prosecution for local officials enforcing the STR ordinances – no government agency or employee should have to worry about doing their job properly. We agree.

15. Sign ordinance – this would outline limitations on the size, height, type, placement and illumination of front yard advertising for a STR.

16. Uniform enforcement – new rules and regulations will be meaningless without the full force of local authorities to reign in the revelry.

Supreme Court Justice Oliver Wendell Holmes, Jr. wisely said "The right to swing my fist ends where the other man's nose begins." Simply put, your rights as a homeowner are protected up to the point where you infringe on someone else’s rights. We have some homeowners here that are out of touch, negligent, or uncaring about how the activity at their “home” affects their neighbors. People that come to Pensacola Beach to enjoy a vacation or a weekend party behave differently than they do “back home”. It’s time to hold both the homeowners and the renters accountable for not being mindful and respectful of their neighbors and surroundings. These 16 elements of a proposed SRT ordinance, enacted and enforced, will do wonders restoring peace and tranquility to our beautiful island paradise.

Escambia County Vacation Rental Ordinance Could Address "Hometels"

Mon, 07 Dec 2020 18:26:37 GMT

Madison Arnold | Pensacola News Journal

Escambia County staff are looking into a potential ordinance to help better regulate short-term vacation rentals.

Commissioner Robert Bender said he directed legal staff to research an ordinance that could increase communication between the county and those with vacation rentals with some sort of required registry of owners, management companies and their contact information. The goal of the ordinance would be to better know which homes are rentals and how to get in contact with owners or managers should a problem arise with their guests.

The state doesn't allow for much local control over short-term rentals and it preempts local governments from banning the industry.

"There was always question about what could be done because of the preemption," Bender said, adding that some ordinances similar to what county staff are researching have popped up around the state and withstood legal challenges.....

Click HERE to continue reading full article.

https://www.pnj.com/story/news/2020/12/07/escambia-county-looks-short-term-vacation-rental-ordinance/3808421001/

5G Is Great Until It’s Sitting in Your Front Yard

Tue, 24 Nov 2020 20:20:21 GMT

While 5G is supposed to be revolutionary when it comes to the telecommunications industry, it might have negative impacts on community life. From aesthetics to health, community concerns are driving the push back against 5G.

RAYMUR RACHELS, THE FLORIDA TIMES-UNION | FEBRUARY 11, 2020 | NEWS

(TNS) — In 2019, the state of Florida passed legislation written by AT&T that limited the ability of local municipalities to govern the rollout of 5G.

While 5G provides "more data faster," 5G frequencies do not travel very far. Telecom's solution? "Small cell wireless facilities" approximately every 200 feet in public rights-of-way.

With competing telecom carriers and no requirement for co-location of equipment, you may have multiple pole installations in your front yard.

Click HERE to continue reading the full article

5G towers are popping up at Pensacola Beach. Here's why residents are worried

Tue, 24 Nov 2020 20:11:21 GMT

Madison Arnold | Pensacola News Journal

As 5G towers begin to pop up on Pensacola Beach, residents want more public input and local control over where the poles are placed, citing concerns over their potential negative impacts on locals, wildlife and property.

At least seven towers have been placed or permitted on Pensacola Beach, according to Escambia County records. But with most local control stripped over placement of the towers by a state law, some of the residents are surprised to see the poles go up near their homes without public input.

"When I found out what it was, of course, and saw that (go up), I was like, 'OK.' I said, 'I'm calling.' I said, 'Where's the public hearing?'" said Rhonda Dorfman, president of the Pensacola Beach Advocates group, which represents beach residents. "It kind of frosted me that no public hearings or no public notice is given before one of these towers go in front of your house."

........Click HERE to continue reading full PNJ article

PBA Requests Answers To Permitting Process for 5G

Thu, 19 Nov 2020 16:37:00 GMT

Below is the email Rhonda Dorfman (PBA President) sent to the Escambia County Commissioner regarding the permitting process for 5G towers.

From: Rhonda <rsdorfman@att.net>
Date: November 18, 2020 at 12:14:05 PM CST
To: permits@myescambia.com, district4@myescambia.com
Subject: 5g Towers

Hi,

Could you please explain the permitting process for 5g cell towers?

Are environmental studies being implemented per federal legislation? What are the plans for emissions studies to insure emission levels are safe? As a barrier island why is Pensacola Beach not exempt from having the poles installed.

Do you have a master plan we can review at the Pensacola Beach Advocates? We would also like to request a public hearing before you place or collocate anymore poles on the beach.

Thank you for your prompt response and answers to these questions.

Rhonda Dorfman
PBA President

Ocean Hour Cleanup Dates for November 2020

Thu, 12 Nov 2020 18:36:10 GMT

Ocean Hour Cleanup Dates & Locations for November 2020

Cleanup sites for 11/14 are:

Wayside Park - 1401 E. Gregory St. Pensacola. Meet at visitors center on the water side.

Graffiti Bridge - Meet in parking lot.

Park West - 1340 Fort Pickens Road, Pensacola Beach. We will meet in the soundside parking lot.

Cleanup sites for 11/21

Bartram Park - 211 Bayfront Parkway, PNS 32502

Navarre Beach Causeway Bridge landing, Navarre FL32566

Cleanup Site 11/28

Bruce Beach - 601 Main Street, Pensacola FL 32502

If you have your own gloves, bucket or grabber, we encourage you to bring your own due to the pandemic. We will have our regular supplies on hand if you don't have these items (Gloves, grabbers, buckets, bags). Bring sunscreen and bug spray if needed, and lots of water. Closed toe shoes recommended. Please wear your Ocean Hour shirt!

Back to our regular hours 8:45-10:00 am. See you there!

5G Discussion - Pros and Cons - Please comment!

Mon, 09 Nov 2020 17:02:47 GMT

-----------------------------------------------

Below are letters and articles that address the 5G issues in Escambia County.

State Representative Alex Andrade Letter & Call to Action to Verizon re: 5G Implementation

Pensacola News Journal - Andrade wants Verizon to share details on 5G transmitters with Pensacola residents

John and Eve Herron - Letter to Representative Alex Andrade Regarding 5G

Florida League of Cities 2017 Annual Conference - Attack of the Mini Cell Towers in Public Rights-of-Way - August 17, 2017 Gary I. Resneck and Gray Robinson

Flagler County Short Term Rental Ordinance

Sun, 01 Nov 2020 19:23:02 GMT

Flagler County Short Term Rental Ordinance

Listed below are several articles that outline the reasons behind the Flagler County ordinance and the continued push back from those that own "hometels" and their supporters. The articles also include solutions to several of the common issues/complaints the county was receiving with "hometels".

The following articles are listed in chronological order:

2015 - https://flaglerlive.com/75159/short-term-rentals-ordinance-flagler/

2017 - https://flaglerlive.com/113731/vacation-rentals-hoa/

2018 - https://flaglerlive.com/117484/mealy-vacation-rentals/

2020 - https://flaglerlive.com/150584/vacation-rentals-deregulation/

2020 - https://flaglerlive.com/150997/vacation-rental-plan-to-end-home-rule-falters/

Read more about St. Augustine's Vacation Rental Regulations below:

https://www.news4jax.com/news/local/2020/01/28/st-augustine-commissioners-approve-short-term-rental-rules/

Read about Miami-Dade County Ordinance Regulating Short Term Vacation Rentals:

https://www.miamidade.gov/building/standards/residential-short-term-vacation-rentals.asp

Below is a link to the Flagler County Short Term Rental Ordinance

http://www.flaglercounty.org/document_center/growth%20management/Short%20Term%20Vacation%20Rentals/Ordinance%20%202016-01.pdf

The ordinance above addresses several things including occupancy, parking, safety, inspections, etc. It looks as if they had some push back about fines and suspension of certificates which required some sections being amended. Based upon this document, it doesn't appear that PBA will have to invent the wheel here, just modify it to meet Escambia County/SRIA acceptance.

-Research complied by Bill Ray (PBA Secretary)

Committee Report from PBA Government Affairs Committee Chair

Mon, 26 Oct 2020 16:26:13 GMT

Although we've gotten lots of pushback from the SRIA, we continue to pursue every avenue to stem the flood of "hometels" on Pensacola Beach. To that end, we've been trying to ascertain how many short term rentals are operating outside of their lease parameters. We started by working with the "Permanent Residents of Ensenada Quatro" group, who complained to the SRIA and insisted that they enforce the terms of the lease at 4 Ensenada Quatro, which require that the leaseholder use it as his permanent residence. Eventually after more than a year of providing the SRIA with data, signed statements, etc., the leaseholder was sued for violating the terms of his lease and and eventually settled for language that allows him to use his home as a vacation home or 2nd residence but does not allow short term rentals.

All of the original leases in the Santa Rosa Villas subdivision had two clauses that required that the leaseholder reside in his property. We've (residents of Ensenada Quatro) pulled and examined three more leases of homes that are short term rentals. Two of them were changed in the 1990's, which effectively removed the language requiring the residence, but the third still has the original language. We asked the SRIA to enforce the terms of that lease and they refused to do so until we provided them with months of data proving that the owner does not reside at the property. There are several more houses in the subdivision that are renting short-term, but the SRIA's attorney said that they will not take action on them unless there's a complaint with evidence.

Our question is WHY DO WE HAVE TO ENFORCE LEASES? Isn't that what the SRIA is supposed to do? And why do they not inform buyers that the lease requires them to live on the property full-time? The buyer at #4 had no idea when he made an offer that he couldn't do short-term rentals, and we've asked some of the other new neighbors if this requirement was disclosed prior to purchase of their homes and they said NO.

We're interested in pulling leases from other neighborhoods to see if they also have residency requirements.

We also want to discuss the powers that the SRIA has through the lease system to regulate the size and use of "homes" in the residential areas. We want SOMEONE to define what a single family home is. A 9 bedroom, 9 bath house with a commercial kitchen (or two) is in no way a home. The SRIA requires all plans to be approved by them IN ADDITION to the County. Let's put some requirements in place to stop future "hometels" from being built.

The other action I'm personally working on is to find the unauthorized rental agencies operating on the beach without commercial leases. The interesting fact is that the SRIA essentially punishes businesses that legitimately set up shop on the beach vs those that operate from Gulf Breeze, and this has already cost us tens of thousands of dollars in lost lease fees.

They also noted that two businesses are operating ON the island without commercial leases, and they confirmed that the leaseholders who are renting more than one property from their leasehold home are in violation as well.

Terry Preston - Government Affairs Committee Chair

Committee Report from PBA Spring Break Committee Chair

Mon, 26 Oct 2020 16:11:16 GMT

Committee Report on Hometels and Wedding Venues in Pensacola Beach & How They Impact the Local Area

How do hometels and wedding venues impact residential neighborhoods and/or hotels on Pensacola Beach?
1. Parking
2. Noise
3. Excessive Trash
4. Are not required to pay commercial lease fees on every transaction
5. Safety/Fire Hazard
6. Are not required to be ADA compliant

What truly enforceable laws/ordinances/policies are currently on the books?
1. Parking

What quasi enforceable laws/ordinances/policies are currently on the books?
1. Noise
2. SRIA event permit

What makes a hometel/wedding venue a residential lifestyle inconvenience vs a safety issue?
1. Noise is an inconvenience.
2. Excessive trash is an inconvenience bordering on a health safety issue depending on how long it sits, whether there are enough receptacles, where said receptacles are placed on trash day.
3. Street side parking, especially when it’s on both sides of the street and in front of fire hydrants, is a safety issue.
4. Large gatherings and open flames with no mandated sprinkler system is a safety issue. (Why do hotels have to install working sprinkler systems?)

What can be done to reign in hometels and wedding venues?
1. No street side parking. If you are a permanent or long term resident, you should know your neighbors and be able to borrow driveway space if you are hosting a party.
2. Research if there is a phone app that can accurately measure noise and understand the difference between legally loud and just annoying.
3. Research trash guidelines and regulations. Work to implement enforceable regulations. (Ask Dale.)
4. Research various leases. (Follow up with Terry about what they are doing.)
5. For known venues — running a commercial business in a residential neighborhood are in violation of their lease. Is it possible to come up with a hybrid lease with appropriate fees.
6. Signage. How many signs are too many?
7. Tropical Storm/Hurricane (before/after) — enforcement of leaseholder sticker? First to be mandated to leave? Impact on evacuation? Impact on infrastructure.

Liz Hewson - Spring Break Committee Chair

2020 PBA Annual Meeting Minutes

Mon, 26 Oct 2020 15:53:59 GMT

Minutes from the October 15 Pensacola Beach Advocates Annual Meeting

The meeting was called to order at 5:30 PM. Refreshments were served at 5 PM. President James Crittenden led all in the pledge of allegiance while Pastor Jim Coyl of the Beach church led us in an invocation.

President Crittenden started the meeting by giving a recap of the previous year. He mentioned his goals for filling out the pyramid and getting more people involved in the organization. He recapped the significant things that were achieved from the spring break meeting before Covid shut down the beach and he talked about those who violated short term rentals during this period and the problem with them in general.

The next item on the agenda was for the election of the 2021 board. Bill Ray, Jack Womack, and Glenn Windham were all presented as candidates and gave a brief presentation as to why they wanted to serve on the board. Rhonda Dorfman read a statement by Lyn Castel and nominations were opened to the floor to see if anyone was interested in serving on the board. No further nominations were offered so they were accepted as the new board of directors for the 2021 PBA board. Subsequently the board of directors met on October 20^th and elected officers. The new PBA officers are Rhonda Dorfman – President, Jack Womack- Vice President, Glenn Windham - Treasurer, and Bill Wray – Secretary. Lyn Castel is serving as a general board member.

The President also gave a report from Lauren Campanella who chairs the environmental committee and it briefly detail the reasons why the baby shower in the Christmas parade were canceled… Due to Covid and the fact that the storage unit has been cleared out… And that government permitting, these two events would proceed in 2021.

The president then led the discussion on the most important item of the night: unregulated real estate. This prompted comments from the chair of the spring break meeting, Liz Hewson, and you can see her comments in the attached report. She also stated that she was not happy with the hurricane evacuation plans that the county implemented during hurricane Sally and the lack of fire protection when fire trucks were ordered off of the beach during that time period. She thanked the police for keeping everyone safe before, during and after the storm.

Discussion on the impact of unregulated Real estate or Hometels, which are larger than average homes intended to rent to 20 or more people, produced a lively discussion before the Q and A. It prompted a response from Escambia County Commissioner Robert Bender. He mentioned the limitations placed upon the county by the state and about some fiscal ways in which unregulated party and short-term rental homes could be monitored for compliance. He also stated that in 2014 the Florida state Supreme Court struck down the case dealing with the ability to regulate private property. He mentioned Flagler Beach as a possible model. Terry Preston, the governmental affairs committee chairperson gave a rundown on illegal leases, nonconforming leases, and commercial lease activity that is not regulated. Please also see attached her report.

Questions were posed to officer Pachucki who was in attendance from the Escambia sheriff’s office. All were regarding illegal parking, noise, and other enforcement issues.

Constituent comments were directed to the fact that nothing happens unless the constituents call in and complain. Constituents were asking that something proactive be done by the Island Authority about all the zoning enforcement violations.

Newly installed board member Jack Womack asked and gave an example of the right of way enforcement letters and then the lack of compliance. SRIA representative Thomas Campanella stated that they would just have to start the letters again and get the ball rolling again and then other constituents at the meeting stated that questions are still not being answered and complaints not followed up. During this time. The powers that be were thanked for getting residents back onto the island quickly after hurricane Sally.

After the Q&A process board member Rhonda Dorfman presented the idea for the neighborhood street representatives and asked all who were willing to sign up for their street. The purpose of this group is to act as a liaison from their neighborhood to the board to keep everyone informed on what is working and what is not working in their neighborhood. It is hopeful that this ad hoc committee will help bring more participants into the Advocates Affairs. Commissioner Bender was publicly asked to meet with the new board to discuss a document that outlines the role of SRIA.

The meeting was adjourned at 7:27 PM.

SRIA Board Meeting To Include Roundabout Traffic Plans Discussion

Wed, 11 Dec 2019 01:51:02 GMT

SRIA BOARD MEETING TO INCLUDE ROUNDABOUT TRAFFIC PLANS DISCUSSION

I wanted to make the PBA membership aware there will be some discussion of the proposed roundabout plan at the SRIA Board meeting this Wednesday, December 11th at 5:00pm.

I do not think there will be a public Q&A time, however it is my understanding the engineers will be there to present their roundabout plan to the Island Authority and Commissioner Bender. If you want more information on the roundabout plan and have nothing else going on drop in on the meeting. The items on the agenda are listed below.

10. UPDATE BY DAVID FORTE, TRAFFIC OPERATIONS AND PLANNING DIVISION MANAGER, ENGINEERING DEPARTMENT, ESCAMBIA COUNTY

11. UPDATE BY VOLKERT ON THE TRAFFIC MANAGEMENT PLANS

Respectfully,

Jamie Crittenden

PBA Roundabout Survey Results

Wed, 11 Dec 2019 01:46:10 GMT

RESULTS OF THE PBA ROUNDABOUT SURVEY

Thank you to the people who took the time to respond to the survey regarding the roundabouts plan. I received 71 emails and many took the time to write lengthy responses to the questions.

I’m sorry for the poor email format. I will use a survey application service in the future to make responding easier.

QUESTION 1: I am in favor of (OR I am against) the proposed roundabouts plan on Pensacola Beach which will replace the existing stoplight.

ANSWERS: 80% Against the roundabout plan. 17% For the roundabout plan. 3% other solutions.

QUESTION 2: There has been (OR there has not been) adequate information presented on how the roundabout system will function to reduce traffic congestion.

ANSWERS: Only about half would like more information.

QUESTION 3: The cause of the traffic congestion on Pensacola Beach is?

ANSWERS: 42% believe parking is the problem. Toll booth, the light, and pedestrian traffic were each mentioned about 12% of the time.

Regards,

James Crittenden

Airbnb bans 'party houses' after 5 die

Wed, 06 Nov 2019 17:15:44 GMT

The article below was published from USA Today on November 2, 2019.

Airbnb bans 'party houses' after 5 die in Halloween party shooting at home rental

Airbnb is banning "party houses" after five people were killed and several were wounded in a shooting at a Halloween party at a Northern California home rental.

"We are redoubling our efforts to combat unauthorized parties and get rid of abusive host and guest conduct, including conduct that leads to the terrible events we saw in Orinda," CEO Brian Chesky announced in a series of tweets Saturday.

Chesky said the company would be expanding manual screening of high-risk reservations, creating a dedicated “party house” rapid response team and taking immediate action against users who violate guest policies.

Chesky also said he has directed an Airbnb executive to oversee the rapid response team and initiate a "10 day sprint" to implement the new safety initiatives.

Police in Orinda, a suburb of San Francisco, were called to the house twice Thursday evening regarding a noise complaint. Just as an officer was headed to the home to investigate the calls, reports of a shooting came in, according to Contra Costa County Sheriff's Office.

Officers arrived at "a highly chaotic scene" to find gunshot victims, injured partygoers, and numerous people fleeing the house. Three people were pronounced deceased at the scene, and two later died of injuries at the hospital.

According to the sheriff's office, more than 100 partygoers from throughout the Bay Area attended the Halloween event, which was advertised on social media. The "Airbnb Mansion" party was scheduled to open at 10 p.m., and guests were asked to bring their own booze, according to local KTVU-TV.

“Our whole neighborhood heard it, and then people were screaming and fleeing,” a neighbor, Chris Gade, told the San San Francisco Chronicle. “We could see from our windows. There were a lot of people walking around who were hurt.”

Michael Wang, 58, who owns the property, told the Chronicle that the party’s host rented the house through Airbnb and claimed she was holding a family reunion for 12 people. Wang said he called the police on his own house when he began receiving noise complaints from neighbors and noticed large crowds in his security camera.

Authorities identified the five victims as 22-year-old Tiyon Farley of Antioch, 24-year-old Omar Taylor of Pittsburg, 23-year-old Ramon Hill Jr. of San Francisco/Oakland, 29-year-old Javin County of Sausalito/Richmond and 19-year-old Oshiana Tompkins of Vallejo/Hercules.

"This will barely make the news today. That's how numb we have become to this," California Gov. Gavin Newsom said Friday on Twitter. "Our hearts are aching for the victims and all those affected by this horrific tragedy."

Newsom called on Senate Majority Leader Mitch McConnell to pass gun reform to prevent similar tragedies in the future.

The investigation is ongoing.

To read the full article visit the link below:

https://www.usatoday.com/story/news/nation/2019/11/02/california-halloween-shooting-5-killed-airbnb-bans-party-houses/4140691002/

2019 PBA Annual Meeting Minutes

Thu, 31 Oct 2019 17:23:07 GMT

Annual Meeting Minutes

October 29, 2019

Beach Community Church

Introductions

Pensacola Beach Advocates President, Terry Preston, opened the meeting at 5:30 p.m., welcomed the membership, and introduced board members Peter Nemeth, and James Crittenden. Board members Ben Clabaugh and Lauren Campanella were unable to attend. She also introduced guests Angela Crawley, representing Commissioner Robert Bender; Tim Tolbert, CBO, Escambia County Building and Animal Services; Wes Marino; Pensacola Beach Public Works; Robbie Schrock, SRIA; and Jason York and Chip Simmons, Escambia County Sheriff’s Office.

Annual Report

Terry listed the accomplishments of the Pensacola Beach Advocates since our last annual meeting, including a collaborative effort with the SRIA, County and Sheriff’s Office to return Pensacola Beach to a family-friendly Spring Break destination; participating in Lease Workshops with the SRIA; injecting truth and clarity as often as possible into the false narrative of the “Save Pensacola Beach” campaign; adding protective language to the eventual beach ordinance that was recently passed; sponsoring the Sea Turtle Baby Shower, Sea Turtle Soiree, and collaborating with the Beach School and Ocean Hour on collecting plastic bottle caps to recycle into benches. All efforts will be listed on the website.

Board Elections

No early nominations were submitted; however two members Charlie Rotenberry and Rhonda Dorfmann were nominated at the meeting. Charlie is not eligible due to residency and/or ownership restrictions in our Bylaws, but he agreed to join the Government Affairs Committee and request a review of the Bylaws to perhaps make them more inclusive with an At-Large board position for an off-beach member. Since the only board member not running for re-election was Terry Preston, Rhonda and the returning board members were elected by voice vote.

Committee Updates

Terry gave the updates on both committees. The Governmental Affairs Committee intends to continue to pursue a collaborative effort to ensure that Spring Break visitors enjoy a safe, legal vacation. They will also continue to follow and support a lawsuit that the SRIA is pursuing regarding violations of lease restrictions requiring the lessee to occupy their leasehold property. They will continue to draw attention to the number of businesses posing as single family homes, not following noise ordinances and not registering events of over 35 people with the SRIA. They will also continue to remind the Escambia County Commission of the $9,000,000.00 in taxes and fees per year that Pensacola Beach contributes to the county over and above expenses.

Terry also updated the Beachkeepers report, mentioning that for the second year in a row, over 1,000 people participated in the Sea Turtle Baby Shower, which is a great way to inform and educate in a fun, family-friendly environment! She also encouraged members to contact Lauren Campanella if they wish to participate in the Surfing Santa Beach Parade or the Sea Turtle Soiree. Other initiatives may be underway as well, which we’ll update members on when they are planned.

New Business

Terry opened the floor to discussion and suggestions for issues that members are concerned about. Discussion ensued regarding “hometels” and illegal duplexes renting, the fact that residents are tasked with enforcement, which is not supported to the degree that we would prefer, and traffic management plans including roundabouts, which we do not support in their current form. Chip Simmons stated that the Sheriffs now how a properly calibrated sound meter; however they had no trained officers to operate it. HE is sending two officers to training soon, so we can expect sound complaints to have a more proactive response from Law Enforcement in the future. Tim Tolbert corrected our misunderstanding that multiple kitchens are the deciding factor as to whether a house is a single family home or not. Tom Campanella said that some leases actually allow duplexes in neighborhoods that are zoned as single family, and encouraged everyone to read their leases. He also said that the illegal Air BnBs that do slip through the cracks are due to nobody at the SRIA being assigned to specifically research these. Terry mentioned that almost every SRIA meeting has at least one petition to allow a pool install in the setback areas due to the “house” taking up the entire buildable area. These are routinely granted.

The meeting adjourned at 7:00 p.m.

Click HERE to view the minutes in PDF format.

Proposed County Ordinance Not Supported

Fri, 23 Aug 2019 14:21:39 GMT

After two years of obfuscating information, outright lies and misrepresentations, bullying and obstructing the Escambia County Board of County Commissioners from doing the job we elected them for, a totally bogus petition, and a referendum that was misunderstood by most of the voters, the "Save Pensacola Beach" folks complained that since the wording in the proposed county ordinance that the SRIA voted in was not exactly what they asked for, they would not support it, and, in fact, would sue everyone they could because it was obviously collusion or worse. I guess if you spread lies long enough you forget what you were asking for.

CLICK HERE TO READ THE ORDINANCE

The good news: The SRIA added a requirement for a unanimous BoCC vote to change the building cap, and prohibited any trading of capped units between properties. At least these two PBA-suggested provisions will actually SAVE Pensacola Beach.

Do you know the terms of your lease?

Tue, 06 Aug 2019 15:46:28 GMT

Recent discussions with both leaseholders and other county residents have unfortunately shown that the "Save Pensacola Beach" efforts to mislead the public as the what the SRIA lease system actually does have been largely successful.

These are the FACTS: Under the terms of ALL leases, Escambia County is the owner of all land and of improvements of a permanent character erected or placed on the county-held land. Additionally, all leases contain clauses requiring lessees to repair or rebuild any damaged or destroyed improvement, and lessees are prohibited from removing any permanent improvement; no lease contains any clause granting an option to purchase either the land or the improvements; and leases provide for different renewal periods. Leases on more than 600 parcels contain no renewal provision. Some provide for renewal on terms that are subject to negotiation or “renegotiation,” and some require a written notice to renew; and, no leases are automatically renewable or perpetual in duration.

In short, YOU DO NOT OWN YOUR HOME, BUSINESS or the land or which it sits, and if it is destroyed, you must rebuild it. Additional lease provisions might also surprise you. Many leases require that the leasehold be the primary residence of the leaseholder, while others roll all of the rules of the homeowners' association at the time of issuance into the lease language. IF you haven't done so, READ YOUR LEASE. You might be violating it and not even know it.

The SRIA continues to grapple with how to equitably charge the leaseholders who do not have equitable ownership on their land for the services they receive. This and the proposed ordinance preventing us from ever owning our taxed leaseholds will be discussed at a workshop at the SRIA building at 4:00 p.m. on August 14th. We recommend that all interested leaseholders attend!

PBA Represented at SRIA Lease & Ordinance Workshop

Thu, 11 Jul 2019 23:57:26 GMT

The Pensacola Beach Advocates were well-represented at the SRIA Lease and Ordinance Workshop! Thanks to all who came to the meeting to show that more people than just the "yellow shirts" care about the beach! Our suggestion to streamline lease renewals and not put the financial burden of drafting the renewal language on the leaseholder was well-received. Unfortunately, when the SRIA's attorney delivered his amended ordinance from the County Commission, he took out the one section that both we and the yellow shirts wanted: namely the prohibition of sale or lease of any unleased properties on Pensacola Beach, especially those already designated for recreation, public access and conservation. They did, however, respond positively to our proposal to require the Commission to have a unanimous vote before allowing increases to the building cap or trades of capped units from one property to another. We'll continue to monitor this as they prepare for another workshop!

Please join us for the Sea Turtle Baby Shower on Saturday, August 10th from 11am-2pm at Landshark Landing! This event is always a great family day with activities for all ages and lots of great information on our unique winged and flippered visitors!

Mobi-Mats Are Coming to Pensacola Beach

Tue, 25 Jun 2019 20:43:10 GMT

The Santa Rosa Island Authority (SRIA) is delighted to announce the arrival and deployment of Mobi-Mats on Pensacola Beach.

Mobi-Mat is a portable rollout, non-slip matting that is temporarily or permanently laid down on the ground to provide non-slip and traffic resistant access for all wheelchairs, strollers, and pedestrians on sand, grass, or other soft and unstable surfaces.

Funded by the SRIA and deployed by Escambia County Public Works, the mats will be located on 5 beaches along the island:

· Casino Beach

· Park West North Beach

· Moms Beach

· Boardwalk Beach

· Baby Beach

An additional feature will be found at Casino Beach and Moms Beach: a Mobi-Chair, which is an amphibious wheelchair that will provide the user to access the Gulf or the Sound when conditions allow its safe use.

A ribbon cutting of the Casino Beach Mobi-Mat will be held on Friday, June 28 at 10 a.m. on Pensacola Beach.

Upcoming PBA Lease Workshop

Mon, 24 Jun 2019 14:46:33 GMT

The Pensacola Beach Advocates look forward to participating in the SRIA lease workshop on Wednesday June 26th at 3:00 p.m. Since the "Save Pensacola Beach" group abdicated their supposed efforts to ensure preservation of existing recreation, conservation and public access areas in favor of attempting to prevent any future efforts at obtaining title to ALREADY LEASED properties, the PBA is working on drafting an ordinance that will accomplish preservation of these areas. We'll be ready to present something at the workshop, and we encourage all of our members to attend!

We believe that before passing any more ordinances, the Board of County Commissioners and the SRIA need to ensure that any proposed ordinance is in line with their stated mission, accomplishes something positive, and is enforceable. We already have several ordinances specific to Pensacola Beach that are not enforced at all, or are only sporadically enforced. Adding another just to appease a disruptive group of protesters is not reasonable.

We are proposing an ordinance that will prevent LEASE or SALE of any UNLEASED properties on Pensacola Beach, and will require a unanimous vote of the Board of County Commissioners to increase the current building cap and/or allow transfer of units from one property to another under the current cap. This will prevent overdevelopment of the island, preserve public properties and accesses and maintain our community the way that it currently exists, with a well-designed mix of commercial, multi-family and single-family units.

We are also advocating for a more streamlined lease renewal system, especially for leases that are 99-year auto-renewing leases. Currently, the leaseholder is required to draft the renewal, and then submit and record the document after the SRIA signs off on the renewal. This process is costly to the leaseholder since it requires them to engage a lawyer familiar with this specific leasehold law and has already resulted in adding even more changes to the myriad types of leases that are on the island. We will propose that the SRIA develop a boilerplate 99-year auto-renewing lease that leaseholders could use for their renewals by simply filling in the blanks. Renegotiable leases are open to change in language and terms, but a boilerplate for those leases could also be developed.

Recent Updates from Pensacola Beach Advocates

Tue, 11 Jun 2019 23:49:55 GMT

The Pensacola Beach Advocates joined the SRIA, the Pensacola Beach Chamber of Commerce and Commissioner Robert Bender recently to thank the Sheriff's Office and first responders, who teamed with us to make Pensacola Beach Spring Break more family-friendly and safe! This year the public information campaign, coupled with enhanced law enforcement presence during Spring Break helped to prevent some of the mob-like gatherings experienced in previous years. There were over 1000 interventions, 42 arrests, and fewer evictions than in 2017 or 2018. We look forward to partnering with these folks again in 2020!

During a recent Pensacola town hall, Representative Matt Gaetz answered a question from Dianne Krumel, organizer of Save Pensacola Beach (SPB). She asked Gaetz where he stood on fee-simple in the wake of the 2018 Escambia County referendum, where more than 80% of voters supported a policy to protect public access, conservation and recreation lands and prohibit selling unleased land on the island. Gaetz responded that due to the effective misinformation campaign that Ms. Krumel's group and the Pensacola News Journal conducted, he did not intend to re-file the legislation this term. Without companion bills in both the House of Representatives and the Senate, this issue is essentially tabled until after the 2020 election.

In the meantime, the SPB people have stated that they are not interested in preserving access, recreation and conservation areas, but rather only want to prevent fee simple title. They presented the SRIA and Escambia County Commission with a draft ordinance that would prevent the Commission from ever endorsing fee simple legislation in the future. The SRIA will be discussing this proposal at a workshop currently scheduled for 3:00 p.m. on Wednesday, June 26th.

The Pensacola Beach Advocates, however, are still interested in ensuring that our wonderful beach remains accessible and that future development doesn't turn us into a condo canyon. To that end, we will be introducing our own draft ordinance to protect public access, conservation and recreation lands and require a unanimous vote of all Commissioners before the Pensacola Beach building cap could be increased, in hopes that the beach can really be "saved" just as it is!

The other notable development in the last week was that the First District Court of Appeals, unanimously AFFIRMED the ruling by Escambia County Circuit Court Judge Scott Duncan that the Escambia County School District lacked standing to challenge the Constitutionality of Fla. Stats. Section 196.199(2)(b) governing taxation of leases on government-owned land. This ruling lets stand the trial court’s ruling that the land beneath Santa Rosa Dunes at Pensacola Beach belongs to the County, and is thus immune from ad valorem taxation. The original ruling prevents land parcels that have negotiable or less than 99-year leases from being taxed. Most of the condominiums on Pensacola Beach have leases that require some negotiation at the time of renewal, and therefore, are not required to pay taxes on the land under their buildings. This ruling did not change the status of those properties with what is called an auto-renewing 99-year lease. Those properties pay taxes on both the leased land and buildings.

Florida's First District Court of Appeal Upholds Decision

Mon, 03 Jun 2019 02:08:51 GMT

Florida's First District Court of Appeal has upheld a lower court's decision denying the Escambia County School District's standing to intervene in a dispute between Pensacola Beach leaseholders and the county's property appraiser.

Thursday's ruling involved a case brought by owners of condominiums in the Santa Rosa Dunes Complex.

Ed Fleming, an attorney who represented the Santa Rosa Dunes residents and who has represented hundreds of other beach residents in tax cases against the county, said the ruling should put an end to legal questions about whether leased land underneath condominium complexes should be subject to ad valorem taxes.

"We are obviously pleased with the ruling," he said in a released statement.

Malcolm Thomas, superintendent for the Escambia County School district, questioned the ruling.

"It is mysterious to me that they would say we do not have standing because the school district has millions of dollars at stake from all properties in Escambia county, not just the beach," he said.

Thomas said he did not know what next steps the district might take. Thomas has previously said the district had $6 million in a reserve account created to hold disputed taxes. More than 30 condominium homeowners associations have filed lawsuits questioning the collection of taxes on leased land.

Pensacola Beach is unique because it was deeded to Escambia County, along with much of the rest of Santa Rosa Island, in 1947. The deed agreement prohibited the county from selling the beach land and stated that the land must be used in a way that benefits the public.

The county decided in the 1950s to develop the beach to bring in tourism revenue and set up a system of 99-year leases to encourage commercial and residential development on the island. The county advertised "tax-free" beach land in publications nationwide.

After Pensacola Beach was heavily developed in the 1980s, the county turned to the beach as a source of property tax revenue. The move prompted a long series of lawsuits that continue today.

Complicating the issue is that language in the leases has changed over the decades. Some leases are open for renegotiation after 99 years and others are perpetually renewable. The courts have ruled that the perpetually renewable leases are tantamount to outright ownership and can be taxed, while the renegotiable leases are not.

The School District of Escambia County v. Santa Rosa Dunes Owners Association

Thu, 30 May 2019 23:56:13 GMT

The First District Court of Appeal, in an opinion released today, has unanimously AFFIRMED the ruling by Escambia County Circuit Court Judge Scott Duncan ruling that the Escambia County School District lacked standing to challenge the Constitutionality of Fla. Stats. Section 196.199(2)(b) governing taxation of leases on government-owned land. This ruling lets stand the trial court’s ruling that the land beneath Santa Rosa Dunes at Pensacola Beach belongs to the County, and is thus immune from ad valorem taxation.

The issue was before the First DCA on an appeal by the Escambia County School District which sought, at the behest of the Escambia County Property Appraiser, to challenge the constitutionality of the controlling tax statute. All of the judges on the three-judge panel acknowledged that controlling precedent supported the trial judge’s granting of summary judgment against the school district. In a concurring opinion, Judge Bilbrey wrote that while he disagreed with the broad restrictions placed on standing by public officials, that he agreed the panel was bound to follow such precedent. He pointed out that the First DCA had previously upheld the constitutionality of the challenged statute, concluding that “even if the District had standing to sue, we would be correct to affirm…”

“We are obviously pleased with this decision,” said Ed Fleming, who together with Todd Harris, represented Santa Rosa Dunes. “This puts to bed the last avenue for challenging the earlier wins for Pensacola Beach leaseholders in Island Resorts v. Jones, and Beach Club v. Jones.”

Harris said that more than half of the pending cases with the Property Appraiser concerning valuing improvements only, recognizing the immunity of publically-owned land, have been resolved; and he and Fleming are optimistic that the remaining cases can be resolved as well.

Two Companion Bills to OPPOSE!

Thu, 18 Apr 2019 21:56:25 GMT

There are two companion bills that take away ALL LOCAL CONTROL over short term rental properties working their way through the Florida House and Senate as we publish this edition (April 2019) of the Island Times. We'd like to be able to tell you that all of our representatives do not support this power-grab by the state, but Representative Andrade has indicated that he does support it and has already voted for the house version in his committee.

The bills are HB987 and SB824.

Here's the pertinent language from HB987:

"Section 1. Paragraph (b) of subsection (7) of section 16 509.032, Florida Statutes, is amended to read: 509.032 Duties.— (7) PREEMPTION AUTHORITY.— (b)1. The Legislature finds that:

a. Property owners who use their residential property as a vacation rental have constitutionally protected property rights and other rights that must be protected, including the right to use their residential property as a vacation rental.

b. Vacation rentals play a significant, unique, and critical role in the state's tourism industry, and that role, including the factors related to the ownership and operation of such rentals, is different from other types of public lodging establishments.

c. Vacation rentals are residential in nature, residential in use, and allowed in residential neighborhoods.

2. Except as provided in this paragraph, the regulation of vacation rentals, including, but not limited to, inspection, licensing, and occupancy limits, is preempted to the state.

3. A local law, ordinance, or regulation may regulate activities that arise when a residential property is used as a vacation rental, provided that such law, ordinance, or regulation applies uniformly to all residential properties without regard to whether the residential property is used as a vacation rental, as defined in s. 509.242, or a long-term rental subject to chapter 83, or whether a property owner chooses not to use his or her residential property as a vacation rental. However, a local law, ordinance, or regulation may not prohibit vacation rentals, impose occupancy limits, or regulate the duration or frequency of rental of vacation rentals. A local law, ordinance, or regulation may not authorize or require the inspection or licensing of a vacation rental. A court shall determine whether a local law, ordinance, or regulation complies with this paragraph. If an action is brought pursuant to this paragraph, the local government that enacted the local law, ordinance, or regulation shall establish by clear and convincing evidence that such local law, ordinance, or regulation complies with this paragraph."

Supporters of this legislation claim that they intend to regulate a "new industry," not take power from local government; however, the vacation rental industry is far from new, and registration with the state is ALREADY REQUIRED. We believe that this action is solely to prevent local governments from enacting ordinances preventing the building of more "HOMETELS" in residential neighborhoods, or prescribing minimal rental periods such as 6 months for residential neighborhoods. The House bill even goes as far as removing the grandfathering of local laws that were in place prior to 2011. We encourage everyone who values the quiet enjoyment that we expect in single family residential areas to call or email their state representatives and let them know that you OPPOSE these bills. Leave neighborhood planning to the LOCAL governments.

UPDATE as of June 2019: The bills mentioned above died in committee.

Spring Break 2019 Is Here

Tue, 12 Mar 2019 18:36:38 GMT

Spring Break has officially commenced on Pensacola Beach. The hotels and rentals are filling up and the cars are beginning to line the streets. The Spring Break information campaign is being pushed by the SRIA, VISIT Pensacola, and the Pensacola Beach Chamber of Commerce. Our neighbors to the east jumped-started their Spring Break by posting photos of shackled underage drinkers on their way to jail. It remains to be seen how effective our efforts on Pensacola Beach will be, but we hope that everyone can enjoy our beautiful beach in peace and harmony!

Meanwhile, the Board of County Commissioners intends to consider some sort of ordinance preventing fee simple title on Pensacola Beach. We were given the opportunity to review a draft, and offered our own draft ordinance, which would ensure public areas remain public and prevent over development. Now we wait to see when the item makes the agenda. At their last meeting, the Commission was asked to approve or veto a lease renewal for one of the so-called "perpetual" leases. Apparently the commission demanded a 30 day period to review any lease renewals passed by the SRIA. We oppose these actions since the leases are between the leaseholder and the SRIA, not the County commission. We are also concerned that while both the SRIA and the commission have been talking about making lease language more uniform, and streamlining the renewal process, the actual process requires the leaseholder to engage an attorney and draft their own renewal. Besides the unnecessary cost to the leaseholder, this process guarantees that each renewal will be unique, not uniform. We don't think that's a good idea.

The last issue that leaseholders need to consider is the future of the SRIA. The County Commission is questioning the need for the SRIA at all. Discussion of abolishing the SRIA came up at the March 7th agenda review meeting. Do you value having an SRIA board? We've been advised that since few leaseholders attend meetings, it's assumed that we don't care whether we have a board or not. If you value the SRIA, make your voices heard. Call or email your SRIA board and County Commission members and let them know how you feel.

Letter to the Commissioners - Part 3

Wed, 06 Mar 2019 16:39:31 GMT

Commissioners:

As promised (or threatened), this is to further illustrate why the results of the ill-conceived November “beach referendum” should never be relied upon as the basis for governance regarding fee simple title for Pensacola Beach leaseholders (nor even, really, as the basis for deciding what Escambia County citizens truly want, much less what they actually know, as to fee simple).

Those of you active on local social media may already be familiar with this example; I’m an inveterate social media holdout but was recently informed about it by a friend, and I find it very telling:

Seems one of the more virulent anti-fee-simple members of a local Facebook group, in an effort to prove that certain county officials favoring fee simple would themselves benefit from it financially – thereby boldly implying corruption – zeroed in on County Attorney Alison Rogers who, as you know, lives on Pensacola Beach.   This man recently asserted that Rogers only paid $1 for her lease. (!!) When asked for evidence, he posted a document showing a transaction in “...the sum of $1.00 (One Dollar) and other good and valuable considerations...,” obviously believing that the SRIA’s required ASSIGNMENT OF LEASEHOLD INTEREST document constituted the entire leasehold purchase transaction.

Do these people ever read the real estate listings, or peruse Chris Jones’ online assessment pages?? One has to wonder.

Look, this would be laughable if it weren’t so utterly pitiful and dangerous.   And personally, based on other conversations with mainlanders over the years, I doubt it’s anywhere near an isolated example of the prevailing rather cavernous ignorance about how the leasing system works here. (Again, per my prior email, I’m NOT calling this stupidity, just an understandable lack of accurate public knowledge on a complex and unusual issue, made far, far worse by the yellow shirts, the Pensacola News Journal, and others).

I’ll share with you that, way back when Dianne Krumel began her personal crusade to prevent us leaseholders from ever holding title to our already private land (and buildings, though I doubt she knew that), and having noted that some of her and/or her cohorts’ web page info indicated that Pensacola Beach leaseholders were “only renters,” and/or that under fee simple we’d be getting our leasehold property “for free,” I decided to ask Dianne for a meet-up. I emailed her, expressed my uncertainty as to just how much she understood about island real estate, and also as to why the leasing system was not the factor protecting against over-development. I courteously asked if we could get together by phone, email, or in person, to talk things over.

Believe it or not, this was her exact emailed reply, in its entirety:

“ You are simply a pawn in a greater scheme” quoted and sent to you on behalf of Bob Kerrigan, Attorney

To repeat a phrase from my prior email:  pure paranoid poppycock.

Has anyone, just for instance, ever asked any of these people to name ONE developer they can prove to be part of this “greater scheme” to steal our beaches and turn us into a condo canyon???

And has anyone ever asked them just how idiotic they think us leaseholders must be to want something that will ruin the very island we cherish and wall off our own beach access??

So I ask once more: Please don’t allow a referendum vote – no matter how large! - to control the Escambia BOCC’s decision-making process going forward, when that vote resulted not only from very possible misunderstanding of the referendum’s two-part wording, but almost certainly -- at least in substantial part – from unfounded fear and misinformation promulgated through a long and relentless campaign by the yellow shirts, the PNJ, and others.   Don’t let it happen!

We count on you to make wise and far-thinking decisions, even when (especially when) they seem politically difficult.   For the sake of the county’s future fiscal health and unity, please do the right thing and scrap plans for any ordinance that would seek to block fee simple title for Pensacola Beach leaseholders. We are not the enemy here! We’re simply Escambia County taxpayers who want the same legitimacy of fee simple title enjoyed by our fellow taxpaying property owners on the mainland. Period.

Commissioners, there is, in reality and truth,  no valid reason we shouldn’t all be on equal footing in this county as property-owning taxpayers.   This is not 1947; it’s 2019.    Please act accordingly.

- Linda Leithner

Letter to the Commissioners - Part 2

Tue, 05 Mar 2019 17:35:57 GMT

Commissioners:

I’m no big fan of Matt Gaetz, nor especially of certain things he’s said and done lately. But I’m even less of a fan of the Pensacola News Journal’s editorial board member, cartoonist and opinion writer, Andy Marlette. Why am I telling the commissioners this? Because Marlette’s latest diatribe against Gaetz, “Gaetz Gaffes Part II”, further demonstrates what I’ve previously tried to say: Escambia County citizens’ minds have been needlessly and wrongly poisoned against fee simple title for Pensacola Beach leaseholders, and not only by the “yellow shirts,” but also by our own community newspaper.

And since you, esteemed commissioners, are the ones who - at least currently - have the future of fee simple in your hands, it’s crucially important that you, of all people, understand just how wrong it would be to institute a county ordinance blocking title for leaseholders based on the results of last November’s confusing two-part referendum, since those results were, in some unknown proportion, an outgrowth of ongoing misinformation and/or lies dished up over and over to an issue-ignorant public (NOT stupid people; just crucially lacking in knowledge of the issue’s complexities), thanks in no small part to the PNJ.

First of all, if you read (please do!) Marlette’s diatribe linked above, specifically where it addresses Gaetz’s fee simple legislation and the PNJ’s coverage of same, you’ll note that Marlette asserts that “...numerous stories by [reporter] Melissa Nelson Gabriel...covered all sides of the issue extensively, fairly and honestly.” This statement is beyond ludicrous, since, specifically on this matter, Nelson Gabriel is one of the most biased reporters this area has likely ever seen, eschewing meaningful interviews with knowledgeable pro-title individuals, but instead continually pounding into her readers’ heads not only the wording of the 1947 federal deed restrictions, but also blasting the headlines at every conceivable opportunity with scare tactic stories about conflicts between beachgoers and beachfront property owners at other Florida locations having nothing whatsoever to do with the facts of the situation here. Nothing!

In the same piece, Marlette says Gaetz called the PNJ’s reporting “lies,” until, Marlette asserts, “When challenged [by journalists], Gaetz conceded that the reporting was accurate and that he knew it was not lies, despite the fact he had told citizens otherwise.... At last, a moment of truth and revelation. The mighty congressman — a young man willing to lie to the people he serves.”

(Really? Don’t know about you, but I’d sure like to hear Gaetz’s side of that particular story.)

Marlette also castigates Gaetz for his “pushing” the “...so-called ‘fee simple’ bill that would have led to the end of Escambia County citizens’ ownership of many area beaches on Santa Rosa Island.”

That statement, highlighted by me, is the very essence of the spurious untruth (some would say blatant lie, but the effect’s the same) that’s been foisted time and again upon the minds of our citizens. As you should quite well know, under fee simple, ownership of the beaches themselves would not change, and the changed ownership of the adjacent properties would be entirely transparent to the beachgoer, exactly the same as with any other private property adjoining any other public park. (You may be sick of hearing this – heck, I’m sick of writing about it -- but it’s the absolute crux of the matter.)

But no, both the PNJ and the yellow shirts stubbornly continue to say “the beaches” would be stolen, walled off, whatever, and thus need to be “saved.” That’s just pure paranoid poppycock.

So, based on the untruths/lies/whatever one wishes to term them that Marlette and the PNJ continue to spout, I heartily agree with fellow leaseholder Tom Jardine’s PNJ.com comment on the subject Marlette article:

“I can hardly believe that Marlette has the temerity to accuse Matt Gaetz of lying about fee simple,” adding that the one who’s lying about the end of public ownership of Pensacola Beach is Andy Marlette.

Please also look for another email to follow soon, further illustrating with a particularly glaring example just why the well-meaning but woefully misinformed citizens’ November referendum vote should never be the basis for an ordinance blocking the fee simple title option for Pensacola Beach leaseholders.

Thank you for reading,

Linda Leithner

Public Safety and Community Rules Come First This Spring Break on Pensacola Beach

Tue, 19 Feb 2019 21:48:08 GMT

Famed for its soft white sand, emerald-hued waters, and a carefree, easy-going atmosphere, Pensacola Beach has long been a favorite, family-friendly beach destination that locals cherish and newcomers embrace. The Santa Rosa Island Authority (SRIA) is striving to keep it that way this Spring Break.

“Every year Pensacola Beach becomes more popular as a Spring Break destination, and we welcome all visitors to our island,” said Paolo Ghio, Executive Director of the SRIA. “However, to ensure that everyone coming to Pensacola Beach for their vacation is able to enjoy the hospitality our community has to offer, please adhere to the following regulations.”

KNOW THE RULES

Adult beverages are allowed on the beach. Glass containers, underage drinking and public drunkenness are not. Illegal drugs and driving under the influence will not be tolerated. Laws and ordinances will be strictly enforced, for everyone’s safety.

Wherever you’re staying, please be respectful of your neighbors and keep your noise level in check.

In addition, motorized vehicles, generators, grills, fires and any open flames are prohibited on the beach.

LEAVE ONLY YOUR FOOTPRINTS

Rule of thumb: If you brought it to the beach, carry it back with you. Tents, umbrellas, chairs and beach gear are not allowed to be left overnight on the beach. Trash cans are provided near all beach entrances, and you are asked to fill in any holes you may dig in the sand.

Dogs are welcome on the beach at two designated dog parks only. Rules of usage are posted on line and at the parks. As always, please be courteous and remove pet waste.

“Remember the motto, ‘Leave Only Your Footprints Behind,’” said Ghio. “If you follow that advice, it will help to preserve the natural beauty of our beaches and help ensure all visitors have an enjoyable experience.”

To ensure everyone enjoys the beach and stays safe, Escambia County Public Safety Chief Dave Greenwood would like to remind all beachgoers to follow these tips:

KNOW THE FLAG COLORS

Know how to swim if you are going into the Gulf, and always swim near a lifeguard. Lifeguards will be stationed on Pensacola Beach daily starting March 1 at Casino Beach, with patrols driving the island, as necessary. Lifeguard stations at Park East, Park West and Quietwater Beach will be manned depending on staffing availabilities.

Colored flags fly at all lifeguard stations and other beach entrances. This warning system is designed to alert the public about surf conditions. Here is what the colors mean:

Green flag – Low hazard. Conditions are calm. Swim with usual caution.
Yellow flag – Medium hazard. Moderate surf and currents. Swim with extra caution.
Red flag – High hazard. High surf and dangerous currents. No swimming or wading is allowed in the Gulf of Mexico.
Double red flag – WATER IS CLOSED. This is used during hurricanes or natural disasters. No swimming, wading or surfing is allowed in the Gulf of Mexico.
Purple flag – Dangerous marine life is present. Exercise caution when in the water or on the shoreline.

Current flag colors and surf conditions are also accessible online at pensacolabeachlifeguards.com. In case of emergency, notify a lifeguard or call 911.

Letter to the Commissioners - Part 1

Thu, 14 Feb 2019 13:22:27 GMT

Letter to the Commissioners:

This is to urge you not to make a bad situation worse by approving an ordinance precluding fee simple title for Pensacola Beach leaseholders.

As you’re all well aware, the group known variously as Save Our Beaches, Save Pensacola Beach, or just the “yellow shirts,” initially impelled by one very politically connected and strident organizer -- motivated in her “crusade” (her own word) by an admitted long-standing personal grudge against developers -- has managed to seriously mislead the citizens of Escambia County regarding the fee simple option.

First we had the group’s unrelenting campaign of misinformation, based on entirely groundless fears that a simple change in the form of ownership of the already private leaseholds abutting the public beaches would lead to rampant over-development and loss of public access. Over time, and with moneyed assistance, they managed to convince many thousands to sign a petition to “save our beaches,” as if our public beachfront lands were ever in any danger whatsoever, which in fact they never were. But all those signatures presented at his office served to convince Senator Bill Nelson, facing an imminent re-election campaign, to withdraw his co-sponsorship of the federal legislation needed to allow conveyance of title to Pensacola Beach taxpayers.

The group then lobbied former commissioner Grover Robinson, clearly under considerable political pressure of his own as he approached his mayoral run, to include a referendum on last November’s ballot that managed to continue the deeply misleading culture of the crusade, first by trumpeting at some length the preservation of non-leased lands – a measure the BOCC had already resolved in favor of, and which virtually everyone in the county would heartily approve – but then tacking onto the end (after many voters may well have stopped reading) the group’s very short statement retaining the restrictions of the 1947 federal deed. (As you’ll recall, Grover intended that second part to say instead - truthfully - that the BOCC had no position on fee simple, but the yellow shirts simply wouldn’t have it.)

I doubt there’s anyone within range of your own voices who doesn’t know someone – maybe several someones - who didn’t fully grasp the ramifications of that ballot referendum, not only because it was rather stealthily designed to lure “yes” votes on its opening surface, but because, as stated above, the citizens who listened to the anti-title crusaders in the first place were terribly misled. And then there were those who, like Andrew McKay of WNRP radio, were well-informed but understandably misconstrued the intent of the 1947 deed’s mention, thinking it was to apply going forward to the preserved, non-leased lands only. Doubtless there were yet other misinterpretations. In sum, this was a poorly designed, double-issue referendum, and its overwhelmingly positive but suspect results should most certainly not be considered the valid basis for an actual county ordinance forbidding fee simple title for leaseholders.

It’s clear there’s been a rolling snowball effect of the above unfortunate circumstances, all growing out of one person’s supposed bad experience with a Perdido Key developer (Perdido Key being, as we know, an entirely different animal), so it’s now up to you five -- with your leadership and statesmanship and individual strengths -- to stop any further bending to the will of a very loud but utterly misguided group of individuals who’ve skewed this issue all to heck, stubbornly refusing all efforts to provide them the facts, instead taking their frenzied fear-mongering tactics to the citizenry of our county and seriously misinforming them in the process.

It’s utterly appalling, and we pro-fee-simple folks don’t know where to turn, except to you. As some of you may recall, I used to write about all this in occasional Pensacola News Journal viewpoint pieces, but the PNJ’s highly biased-against-title executive editor has since effectively silenced my voice, refusing to publish another of my (hopefully) informative opinions, saying I’d already “written extensively on the subject,” even though almost a year had passed while the PNJ continued to further mislead the public. Seems to me that should make each of you as angry as it does me.

Because I’ve often been accused (including by myself) of being incurably verbose, I’ll stop here, but will send a supplemental email for those who have the patience to read more, providing additional evidence of just how rampantly pervasive the misinformation and just plain lack of fact remains on the fee simple issue in this county.

Meanwhile, both my husband and I – who, by the way, would in fact pay substantially more ad valorem taxes under fee simple than we do now – urge that you stand firm and refuse to further tie your own and future commissioners’ hands (even if only politically) on fee simple, which we fervently hope may someday be seen in its true light -- as the very best and most logical solution to the awful mess that now exists as to Pensacola Beach leases – a mess which may well prove an even bigger snafu as the years wear on, and which serves to feed continuing tension between island and mainland citizens. It’s just wrong for the county on so many levels!

History will be your judge, so please take the long view. Do the right thing now and refuse to institute an anti-title ordinance.

- Linda & Arnold Leithner

Voice Your Opinion to the SRIA!

Tue, 05 Feb 2019 21:23:31 GMT

The Pensacola Beach Advocates have been attempting to ensure that the SRIA Board and the Board of County Commissioners have a complete understanding of the nearly $9,000,000 net benefit that the taxpaying leaseholders on Pensacola Beach provide to Escambia County annually.

However, we are stunned by the actions of the County Commission, with the apparent endorsement and assistance of our new District 4 commissioner. Some County Commissioners continue to insist that Pensacola Beach leaseholders are not paying enough in lease fees, and they intend to pressure the SRIA to impose a moratorium on lease renewals.

What does this mean for those of us who have leases? Future real estate transactions could be impacted if the buyer is unsure as to whether reasonably priced financing can be obtained. At least one lending institution requires the full 99 years remaining on a leasehold to provide loans. Others have more than thirty year requirements. A moratorium will very likely stall all real estate transactions. We oppose this effort to squeeze more money out of the beach by holding our leases hostage.

Fee Simple
The final blow to our efforts came from Save Pensacola Beach. As we've stated many times before, this group is not really focused on preventing development or loss of public access. It appears that their only goal is to ensure that there is no possibility of leaseholders gaining title to the properties for which they pay taxes.

They insist that the County Commission enact an ordinance based on the non-binding referendum. They provided a draft ordinance attempting to bind current and future County Commission boards from ever allowing title. Commissioner Bender is working with them to draft an ordinance that will prevent the Commission from endorsing fee simple ownership. This comes as a surprise since Commissioner Bender stated that he supported fee simple for those who wanted it during his campaign.

Pensacola Beach Advocates will not support this ordinance. Anyone who wants to have the opportunity to own their homes should show up at the SRIA and County Commission meetings and be heard!

The real solution to preventing development and loss of public access is to lock the building cap at current levels. We had hoped to be working with our new commissioner to draft such a resolution. This cap would truly save our beach, but apparently preventing title is more important right now.

Presentation from the Spring Break Meeting

Fri, 07 Dec 2018 02:40:50 GMT

Tonight's Spring Break Meeting brought together the SRIA, Sheriff's Office, DMO, Beach Chamber of Commerce, residents and rental management companies. After discussing what everyone would like to see happen, all agreed that the first, and possibly most important, step is put together a clear welcome message for potential visitors discussing our expectations of them during their stay. A committee was formed to develop this message and they will be meeting soon to ensure we get in front of Spring Breakers ASAP. Here's a copy of the presentation from the meeting.

Spring Break 2019.pdf

Let's Keep Our Beach Family-Friendly

Sat, 17 Nov 2018 21:11:31 GMT

One of the biggest changes to Pensacola Beach over the last 4 years has been the number of large, unruly, drunken parties that are taking over the residential neighborhoods, particularly during the weeks that U.S. colleges take their Spring Breaks.

Part of this is due to the increasing number of "home-tels" being approved and built to accommodate 20, 30, and even 40 people in one structure, but most of it is due to the fact that we are one of the few Gulf Coast communities that has not taken active steps towards preventing the associated problems that come with huge crowds partying in residential neighborhoods.

Since 2015, Pensacola Beach has seen increased underage drinking, noise violations, nudity, physical violence, trespassing, public defecation & urination, overcrowding of rental properties, property damage, vagrancy, minor larceny, public intoxication, DUIs, etc. in recent years. A comparison of law enforcement calls for March and July of 2018 show that the problems encountered during Spring Break are 2 to 8 times more frequent than during the height of the summer season, yet no arrests are being made.

The Pensacola Beach Advocates are working with our friends at the Santa Rosa Island Authority and the Escambia County Sheriff's Office to come up with a plan to enhance enforcement on Pensacola Beach for the 2019 Spring Break. This will require the cooperation of everyone: residents, businesses, leaseholders, rental agents and vacationers, but the results will be worth it! We're losing vacationing families who don't want to expose their children to the mob mentality that was witnessed in 2018, and we need those families back!

What does "Save Pensacola Beach" really want?

Mon, 18 Jun 2018 15:45:45 GMT

This evening we might get a better idea of why the group "Save Pensacola Beach" refuses to back down on their demand for a ballot vote for or against fee simple ownership for those who wish to own their leaseholds on Pensacola Beach. Their initial attack on the Fee Simple bill (initially introduced and endorsed by both of our Senators and our Congressman) was based on speculation that allowing leaseholders to own their property would result in "No Trespassing" signs all over Pensacola Beach, and limited to zero access for other county residents. When that argument failed to sway Senator Nelson, they turned to using Santa Rosa County's stated wish for re-digging Navarre Pass at some unknown time in the future. That, coupled with his need for every vote for re-election, caused Nelson to withdraw his endorsement of the Senate bill, essentially killing this initiative until after the 2018 election.

Interestingly, one would have thought that once they killed the fee simple bill, they'd support Commissioner Robinson's efforts to permanently protect public areas, public access and the areas currently in conservation, but last month they used the same Land Development codes that they claim will not protect us from big developers converting our single family neighborhoods to condo canyons as their reason for not supporting the Commissioner's efforts. We find it disingenuous at best that they disregard an honest effort to ensure protections that could be changed tomorrow with a 3-2 vote of the county commission, or a majority vote of the SRIA. What they REALLY want is to prevent leaseholders from EVER getting title to their leaseholds, even though the Florida Supreme Court has ruled that those holding 99 year automatically renewing leaseholds are already property owners in the eyes of the law.

The Pensacola News Journal has jumped on the "Save Pensacola Beach" bandwagon, and their "reports" have, at best, been riddled with inaccuracies, and more probably been designed to intentionally mislead their readers into thinking that the leaseholders and residents of Pensacola Beach are a bunch of entitled rich folks who don't want the rest of the county's citizens to share the beach with them. We met with the editorial board of the PNJ and they made it clear which side they favor, so all we can do at this point is correct the many "errors" in their "news" stories.

Now is the time for our members to engage. Please come to the SRIA meetings and listen to what is discussed. There is also a joint SRIA/Board of County Commissioners meeting scheduled for Tuesday, July 17th at 5:30 where they will be discussing increasing revenues (i.e. increasing lease fees) to replace the tax income they are no longer receiving on the land under properties without auto-renewing leases. We worked very hard to get the county to agree to provide the same basic services that other county taxpayers receive, but now that their tax revenues have been diminished, they are coming back to the well for us to pay all of the island's expenses once again!

Who owns the Beach?

Tue, 26 Sep 2017 14:35:14 GMT

The public areas of Pensacola Beach, including the sandy beaches and access points, are and will remain public. No one disputes this.

The leased parcels and homes are different. The Florida Supreme Court says the leaseholder own them. And because they are not public, no property tax exemption applies. The leaseholders must and do pay property tax. Yet, the deed conveying Pensacola Beach from the federal government lists the public as the owners. This tension suggests determining ownership is not simple.

In 1946, the federal government authorized the conveyance of Santa Rosa Island to Escambia County. It directed Pensacola Beach be used for the “public interest” (as deemed by Escambia) and specifically permitted private leases. Soon after, the Santa Rosa Island Authority, began leasing parcels with the assurance that they were not subject to property tax because the government remained the title owner.

Most leases on Pensacola Beach are for 99 years and are renewable. So long as leaseholders pay their annual lease, it’s their parcel to use, sell, and leave to heirs. Escambia can’t take them back. Accordingly, the Florida Supreme Court ruled the leaseholders, and not the public, hold “virtually all the benefits and burdens of ownership of both the improvements and the land.” Because they effectively own the property, they must pay property tax. The Court elevated substance over form—practical property rights over the name on the deed. As a result of this 2014 ruling, most leaseholders now pay both property tax and lease fees.

The lease fees were originally designed as tax substitutes—when everyone expected the land to be tax-exempt. Today, they pay for services and events enjoyed by people throughout Escambia — Blue Angles’ show, Bands on the Beach, and beach renourishment.

Leaseholders understandably want relief from this double taxation. They support pending federal legislation that would eliminate the leases and thereby the lease fees. It would allow the deeds to properly reflect who already owns the parcels.

Also understandably, everyone fears overdevelopment and losing the open and accessible character that makes our beach special. We see the trends and don’t want our beach to go the way of Destin.

But will the federal legislation actually cause this? Its text says nothing at all about development. While by definition private development requires private ownership, the Court says that’s how it is already. And the “save our beach” opposition has yet to explain why their protests are anything more than undifferentiated fear and speculation. Civic debate requires more than loudly forecasting the what-ifs. The opponents must also say how this legislation will actually cause the parade of horribles. Ideally, they should also propose alternative solutions to the double taxation — like eliminating lease fees?

Worse, the “save our beach” opposition to the federal legislation dangerously misidentifies the real threat to preserving the beach we all love. County officials can already amend leases and the land use code to pave the way for overdevelopment. The federal legislation would give them no new powers. Indeed, it removes significant authority by requiring the preservation in perpetuity of Pensacola Beach’s public spaces. The law would prohibit county officials from putting a high-rise on the Casino Beach. And because all gulf front lots end at the dune line, our beach would never have a “no trespassing” sign and no access points will be lost.

So, the threat is not beach residents being deeded the homes they already own. The real threat is a county’s amendment of our land use code or increase of the cap on the number of condo and houses above the current (and mostly used) 4,128 dwelling units.

Let’s not be distracted by current or proposed federal laws. They will not save us. Instead, we must stay focused on ensuring our county officials continue to be good stewards and remain committed to a vision of the beach as a family-friendly, environmentally-focused mixture of residences and beaches and business open to all.

This was published as a Guestview in the Pensacola News Journal on Sept. 26, 2017.

Let’s Honestly Save Pensacola Beach

Fri, 11 Aug 2017 21:18:15 GMT

Matt Gaetz’s proposed law will allow Pensacola Beach leaseholders to finally own their homes. Opponents fear that this would cut off public access and use of the beach and result in over-development. However, their fears are misguided. This legislation poses no such threat. It maintains the status quo. So long as local official remain committed to a vision of the beach as a family-friendly, environmentally-focused mixture of residences and business, we have nothing to fear.

Local officials currently govern beach development. In 1947, the U.S. Government deeded the non-federal land on Santa Rosa Island to Escambia County. It conditioned the conveyance of the land being used for the public interest (as deemed by Escambia) and specifically permitted private leases. In this way, the federal government left beach development in the hands of local officials. Opponents claim that the leaseholds prevent development. This is wrong. Public officials already have the power to change leases and the land use code. The legislation gives them no new authority.

Current public access and beaches will forever remain public. The legislation requires the “preserv[ation] in perpetuity [of] the areas ... dedicated for conservation, preservation, public recreation access, and public parking.” That is Pensacola Beach’s beach and access points will forever be public. This would prohibit Escambia from later deciding to lease these public spaces and convert them for private use. Although the legislation permits Santa Rosa to lease its public land, that is no different than how it is today. Both Santa Rosa and Escambia already have the authority to lease land currently reserved for public use.

Beach residents, like county residents, want to preserve beach access and public use. Unlike most of Florida, the private property line on Pensacola Beach ends at the dune, not the high-tide water line. And the vast majority of beach residents do not have gulf-front property, but want to be able to access and enjoy the vast public beaches. They too want to preserve the low-density, residential areas of the beach.

Beach residents deserve fair tax treatment. In 2014, the Florida Supreme Court ruled that beach leaseholders enjoy “virtually all the benefits and burdens of ownership of both the improvements and the land.” Because they effectively own the property, they must pay property tax. However, unlike a fee simple property owner, they must also pay lease fees originally designed as a tax substitute. The pending federal law would eliminate leaseholds and this double payment.

The Navarre Pass requires federal government approval. The federal law does not address the Navarre Pass. The law will neither prohibit nor permit reestablishing it. Instead, the Pass's authorization continues to depend on several federal agencies signing off, including the Air Force. But because they all oppose it, the Navarre Pass is unlikely to happen.

We all share a common desire to preserve the Pensacola Beach we all love. Instead of being divided over a law granting ownership to leaseholders, we should unite to ensure our local government continues to be a good stewards.

This was substantially published as a Guestview in the Pensacola News Journal on Aug. 12, 2017.

Sea Turtle Baby Shower Celebrates Beach’s Newest Wildlife!

Thu, 27 Jul 2017 21:08:06 GMT

Meet Meg the Mermaid or take the Sea Turtle Oath at the Sea Turtle Baby Shower, Saturday, August 12th from 2 to 5 p.m. at Pensacola Beach’s Landshark Landing. It’s a celebration of Pensacola Beach’s sea turtles. Learn about the mama turtle who returns to her birth place, Pensacola Beach, to lay her nest and the tiny hatchlings who emerge and head for the Gulf of Mexico. Make your own sea turtle ornament and touch a real turtle shell. There will be contests, games, performances, educational kiosks, give-aways, art vendors and a prize basket drawing. The event will take place at Landshark Landing, which is located on Fort Pickens Road on the Margaritaville Beach Hotel property.

If all the fun makes you thirsty, stop by the water booth to purchase a Turtles Dig the Dark souvenir reusable cup filled with ice cold water. Proceeds benefit the Navarre Beach Sea Turtle Conservation Center.

The event is sponsored by the Pensacola Beach Advocates, Holiday Inn Express, Margaritaville Beach Hotel and Emerald Coast Utilities Authority.

EVENT SCHEDULE

2:00 Opening ceremony, Sea Turtle Oath; All Booths, Games, Vendors Open

2:30 1-2-3 Nest Youth Challenge

3:00 Meg the Mermaid

3:30 1-2-3 Nest Celebrity Challenge

4:00 DJ's Baby Bath Clean Water demo

4:30 Sea Turtle Survivor

5:00 Closing Ceremonies; All Booths, Games, Vendors Close

Senators Nelson & Rubio Urge Passage of S.1073 (2017)

Fri, 26 May 2017 14:39:43 GMT

Senators Nelson & Rubio requested Senate committees take up and report to the full Senate S.1073 (2017). The bill would permit leaseholders on Pensacola Beach and Navarre Beach to obtain fee simple title to their land. https://www.congress.gov/bill/115th-congress/senate-bill/1073 It mirrors a companion bill in the U.S. House, proposed by Rep. Gaetz. https://www.congress.gov/bill/115th-congress/house-bill/2370

Eco Happy Hour 2017!

Thu, 02 Mar 2017 17:37:02 GMT

Mark your calendars! Beachkeepers will be hosting the 3rd annual Eco Happy Hour on Thursday, March 9th. The event will be held in the fellowship hall at the Beach Church from 4 to 6 pm.

Come sip and socialize and enjoy eco friendly information along with tips on how to protect our beach and preserve it's wildlife. The line-up of presenters include:

-SRIA
-ECUA
-Florida Sea Grant
-Keep Pensacola Beautiful
-Ocean Hour
-National Park Service
-Florida Audobon
-Navarre Beach Sea Turtle Conservation Center

Show up : Receive rafffle tickets just for your eco-awareness
Recycle : Bring in your Mardi Gras beads and receive additional raffle tickets
Test your knowledge : Take our Eco Quiz and be entered to win a 1 night stay on beautiful Pensacola Beach
Beach clean up : Gather some beach litter and be entered to win a 2 night stay from Resort Quest

PBA Annual Meeting – Thurs., Oct. 13, 2016 (Beach Community Church)

Mon, 19 Sep 2016 00:46:11 GMT

The Pensacola Beach Advocates will hold our annual meeting on October 13 2016, at the Pensacola Beach Community Church starting at 6:30 pm.

The agenda will include the following:

Board Elections for three positions. If you are interested in serving on the PBA Board as an officer or as a director, please contact Benjamin Stevenson by email box353+PBA@gmail.com. The board only meets a few times a year and much business is done by email.
Attorney Ed Flemming will discuss lawsuits challenging ad valorem taxation of beach properties.
Paolo Ghio, Executive Director, will provide an update on current work and projects of the Santa Rosa Island Authority (SRIA)

Please plan to attend. We will be accepting checks for membership dues at the meeting. Any checks or payment received after September 1st of this year will be applied to the following year

Communications Specialist Needed

Fri, 02 Sep 2016 00:44:38 GMT

PBA is looking for a volunteer communication specialist to provide website updates, work with webmaster, communicate with membership, and manage PBA Facebook and other social media accounts. If you are interested in helping the PBA or know someone who is, please contact Benjamin Stevenson by email box353+PBA@gmail.com

Pensacola Beach leaders to consider increased fees (from the PNJ, 8/14/16)

Mon, 15 Aug 2016 14:18:28 GMT

By Melissa Nelson Gabriel, PNJ.com

Less than a year after cutting annual lease fees in half for Pensacola Beach residents and businesses, the Santa Rosa Island Authority is considering hiking the fees to make up for potential lost revenue from an ongoing property tax dispute.

At issue is the complex system of lease agreements created by the county since the late 1940s to allow development on the barrier island, which was deeded to the county by the federal government after World War II. Under the deed agreement, the county was prohibited from selling Pensacola Beach land outright. To promote development, the county entered into thousands of 99-year lease agreements with people wanting to live or open businesses on the beach.

County tax appraisers later began to assesses property taxes on the beach leaseholders. The move promoted a series of lawsuits over several decades questioning whether the lease holders could be taxed for property that is leased and, technically, not owned.

In the latest court case, an appeals court overturned a decision by a lower court judge. The appeal court's decision meant that the county could not collect taxes on 12 acres of land where two Portofino Resort towers are scheduled to be built. The Florida Supreme Court recently declined to the county's request to hear the case. The decision governed taxes on the actual land and not on structures built on the land.

The case hinged on language in the lease agreement stating it would not be automatically renewed after 99 years. Other leases state that the agreements will be automatically renewed after 99 years.

Since the ruling, Chris Jones, Escambia County tax appraiser, said his staff has reviewed more than 4,500 lease agreements and determined that about half of the agreements are not automatically renewable. The county will not assess taxes on land leased to those lease holders in its upcoming notice of proposed taxes, he said. The land that will not be taxed represents about $80 million in assessed property value, which translates into about $1.2 million in tax revenue that would have been split between the county and the Escambia County School district, Jones said.

The ruling does not affect the proposed tax assessments for unit owners in about 26 condo buildings on the beach because a court case involving condominiums is still pending in the courts, Jones said. Homeowners associations for many of the condominiums are expected to file separate lawsuits this fall questioning the property tax system on the beach.

At a meeting of the Santa Rosa Island Authority last week, commission chairman Dave Pavlock suggested that the SRIA might need to raise lease fees in the future to make up for the lost revenue.

In October, the island authority cut lease fees in half for most commercial and residential leaseholders. The move came after Escambia County took over public works and public safety operations on the island, which meant the authority no longer had to cover those expenses with lease fees. But Pavlock said the loss to county coffers because of the tax case could potentially affect services on Pensacola Beach. The Island Authority might need to make up for the lost revenue by raising lease fees, he said.

"The decision we will have to face as a board is whether to look at reestablishing the fees that we cut," he said.

Escambia County Commissioner Grover Robinson, whose district includes Pensacola Beach, said uncertainty over beach tax revenue has created a difficult situation for county financial planners.

"Right now, the county is reacting to whatever happens in the courts. The board (of county commissioners) is not involved in the lawsuit in any way but we are the ones that have to deal with ramifications," he said. "It is extremely difficult when you don't know how you are going to drive the revenues needed to provide necessary services."

To see the original article, click here.

Quietwater Beach Ferry Workshop Scheduled for July 28

Thu, 28 Jul 2016 20:22:43 GMT

Escambia County will host a public workshop Thursday, July 28 from 5:30 - 7 p.m. to provide information and gather input for the planned improvements scheduled for the Quietwater Beach Pier, which is one of the three ferry landing sites for the Pensacola Bay Ferry Passenger Service expected to begin March 2017. The workshop will take place at the Santa Rosa Island Authority Office board meeting room, located at 1 Via De Luna Drive on Pensacola Beach.

County staff will be available to answer questions from citizens, and project consultant Hatch Mott MacDonald will provide phase I concept displays, information and public comment forms. District 4 Commissioner and Chairman Grover Robinson will also attend the workshop to speak about the project.

Beach Land Case Finalized by Florida Supreme Court

Fri, 22 Jul 2016 18:57:11 GMT

The Island Resorts v. Jones beach land case has officially concluded with Florida Supreme Court refusing to grant a rehearing on the case. To read the detailed press release from the law firm of McDonald, Fleming, Moorhead and Robert Rinke, click here: Taxcase-press release.pdf

Sea Turtle Baby Shower!

Thu, 21 Jul 2016 14:55:29 GMT

Sea Turtle Baby Shower Celebrates Beach’s Newest Wildlife

Meet Mia the Mermaid or take the Sea Turtle Oath at the Sea Turtle Baby Shower, Saturday, August 13 from 2 to 5 p.m. at Pensacola Beach’s Landshark Landing. It’s a celebration of Pensacola Beach’s sea turtles. Learn about the mama turtle who returns to her birth place, Pensacola Beach, to lay her nest and the tiny hatchlings who emerge and head for the Gulf of Mexico. Make your own sea turtle ornament and touch a real turtle shell. There will be contests, games, performances, educational kiosks, give-aways, art vendors and a prize basket drawing. The event will take place at Landshark Landing, which is located on Fort Pickens Road on the Margaritaville Beach Hotel property.

The event is sponsored by the Pensacola Beach Advocates, Holiday Inn Express, Margaritaville Beach Hotel and Emerald Coast Utilities Authority.

For more details, go to www.pbadvocates.org or call 850-916-6971.

EVENT SCHEDULE

2:00 Opening ceremony, Sea Turtle Oath; All Booths, Games, Vendors Open

2:30 1-2-3 Nest Youth Challenge

3:00 1-2-3 Nest Celebrity Challenge

3:30 Meg the Mermaid

4:00 Baby Bath Clean Water demo

4:30 Sea Turtle Survivor

5:00 Closing Ceremonies; All Booths, Games, Vendors Close

TurtleBabyShower flyer 8.5x11 2016.pdf

Court Rejects Request to Rehear Beach Property Tax Case (PNJ 5/12/16)

Thu, 12 May 2016 18:24:24 GMT

by Melissa Nelson Gabriel, PNJ.com, 5/12/16

A Florida appeals court Wednesday rejected Escambia County's request to rehear a case prohibiting the county from collecting property taxes on 12 acres of Pensacola Beach land where two Portofino resort towers are proposed.

Escambia County Property Appraiser Chris Jones said the county will ask the Florida Supreme Court to review the case.

"We are disappointed that the court has decided not to allow a rehearing on this important issue for Escambia County and for beach residents. We knew it was going to be a long shot, but we were hoping they would reconsider," Jones said.

Jones said county attorneys are continuing to review the case and are working to determine what it means for other beach property owners.

The ruling is the latest development in years of litigation over the complicated lease system Escambia County has used for decades to allow residential and commercial development on Santa Rosa Island. The barrier island was deeded by the federal government to the county in the aftermath of World War II. Under the deed agreement, the county is restricted from selling the land outright.

Edward Fleming, an attorney for developer Island Resorts, called Wednesday's decision a win for all Pensacola Beach property owners.

"It has set a precedent for the entire beach," he said.

Island Resorts has proposed two towers that would become part of the Portofino development.

At issue in the appeals case is whether the county can collect property taxes on land that is leased.

In overturning an earlier decision by Escambia County Circuit Judge Edward Nickinson, Florida's 1st District Court of Appeal said in March that Island Resorts should not be required to pay property taxes because it does not own the land.

"The appellant is not the equitable owner of the leased land," the ruling stated. "The appellant bears all the burdens during the term of the lease, at the end which all rights revert to the lessor."

Jones said a complicating factor is that various county attorneys have used different language in beach lease agreements over the last 70 years. Jones said subtle differences in the lease language about the terms of renewal could create differences in how a court looks at whether the land is subject to property taxes.

"What could be created is two different classes of leaseholders. You might have language that is almost identical to your neighbors, but the result could be different because of a very subtle difference in the renewal language on the lease," he said.

Jones said the county hopes the state Supreme Court will provide clarity on the issue.

According to the appellate court ruling, finite leases, which are not perpetually renewed, are not subject to property taxes. Previous rulings have stated that perpetually renewable leases are subject to the taxes.

If the ruling is not overturned by the Supreme Court, Escambia County would have to repay more than $450,000 in property taxes paid by the developer since 2011. Other litigation could be affected if the Supreme Court upholds the decision. Fleming has filed similar appeals involving $8.3 million in property taxes paid by Portofino and $2.1 million paid by Beach Club Resort.

Levin Rinke Realty recently sponsored an educational meeting for beach property owners about the complicated issue. Fleming and attorney Todd Harris answered questions from dozens of property owners during the event. Fleming said additional educational meetings are planned.

For a link to the original article click here.

Eco-Happy Hour (Mar. 10)

Fri, 26 Feb 2016 03:13:42 GMT

Pensacola Beach Advocates' Beachkeepers will hosts its 2nd annual Eco Happy Hour on Thursday, March 10, 2016, in Pensacola Beach Community Church's Fellowship Hall from 3:30pm to 6:30pm.

Come sip and socialize and enjoy eco-friendly information along with tips on how to protect our beach and preserve it's wildlife. The line-up of presenters include:

-ECUA
-Florida Sea Grant
-Garden Gate
-Ocean Hour
-SRIA
-National Park Service
-Florida Audubon
-Escambia County Marine Resources
-Navarre Beach Sea Turtle Conservation Center

The prizes are bigger and better than last year. You will be able to test your knowledge with the Eco Quiz and be entered to win a free night on the beach from Days Inn. Bring a bag of Mardi Gras beads to be recycled and you will receive an additional raffle drawing ticket. Spend a little time and effort picking up some beach trash and you will be entered to win a 2 night stay at the beach from Resort Quest.

ECUA holding public hearing on beach (PNJ 12/14/15)

Mon, 14 Dec 2015 19:52:17 GMT

From Staff Reports, PNJ.com, 12/14/15:

Emerald Coast Utilities Authority is hosting a public meeting at 6:30 p.m. Tuesday at the Santa Rosa Island Authority to inform the community of proposed expansion of its reclaimed water system on Pensacola Beach. The proposal entails constructing a 2.4-million gallon storage tank and pumping station in the same vicinity as the three potable tanks on the beach.

Tim Haag, ECUA director of governmental affairs, said the five-phase reclaimed water system will cost an estimated $3.9 million. Northwest Florida Water Management District awarded a $425,000 grant to ECUA for the construction of the storage tank and pumping station with the requirement that the initial phase be completed by October of 2017. ECUA already budget $1.5 million for the project and another $1.6 million will be coming over the next six years. The utilities company will seek additional grant funds through the RESTORE Act process.

ECUA initially proposed constructing a 750,000-gallon storage tank and pumping station in an area south of the Via de Luna tennis courts and north of the walking oval, near Our Lady of the Assumption Catholic Church and Pensacola Beach Elementary School. The estimated cost for that five-phase system was $3.1 million.

At a public meeting last month, the beach community voiced its frustration with the selected location and the limited potential benefit of installing a storage tank that only holds 750,000 gallons. Hundreds of thousands of gallons of discharge would still flow into the Sound on peak days.

The current ECUA reclaimed water system provides irrigation water only to the Santa Rosa Island Authority for a limited portion of the Via De Luna Right-of-Way. The ECUA potable water system provides the majority of water currently used for irrigation on the beach.

The Island Authority uses about 10 to 15 percent of the reclaimed water for irrigation with the remainder discharged into the Sound from the treatment plant. Haag said the Island Authority typically pays $3,000 to $3,500 for reclaimed irrigation water, an estimated savings of about $10,000 from the potable rate for the same amount of water. He said the utilities company is exploring how to provide reclaimed water to beach residents, too.

For the original article, click here.

New Beach Location for Proposed ECUA Tank (PNJ 12/10/15)

Thu, 10 Dec 2015 14:54:40 GMT

(PNJ 12/10/15, Thomas St. Myer)

A public backlash from its initial proposal last month sent Emerald Coast Utilities Authority back to the drawing board for potential expansion of itsPensacola Beach reclaimed water system.

ECUA unveiled a modified proposal Wednesday night at the Santa Rosa Island Authority board meeting with a new location for a storage tank capable of holding three times the amount of water initially proposed and with the potential to further reduce discharge into the Santa Rosa Sound.

The utilities company is proposing to construct a 2.4-million gallon storage tank and pumping station in the same vicinity as the three potable tanks on the beach. The Island Authority board unanimously approved a public meeting for ECUA to discuss its modified proposal at 6:30 p.m. Tuesday at the Island Authority facility.

Terry Preston, of Pensacola Beach Advocates, credited the utilities company for addressing public concerns with the modified proposal. Preston ultimately favors moving the ECUA plant off the island entirely, but she said the new proposed site fits with what is already on the beach.

"My preference would be to tell everybody out here you can only plant drop-resistant, salt-resistant stuff," Preston said, "but if we're going to allow them to plant soil and they're going to throw water on it, I'd rather use reclaimed water than potable water."

ECUA initially proposed constructing a 750,000-gallon storage tank and pumping station in an area south of the Via De Luna tennis courts and north of the walking oval, near Our Lady of the Assumption Catholic Church and Pensacola Beach Elementary School. The estimated cost for that five-phase system was $3.1 million.

The fact only the Island Authority and commercial property leaseholders stood to benefit from reclaimed water system expansion further alienated the beach community.

The possibility of moving the ECUA plant off the island dominated a significant portion of the conversation Wednesday. Haag estimated the total cost for that project to be in the $50-million ballpark. ECUA board member Dale Perkins said that is perhaps a possibility someday, but at $50 million, that is a long ways from being feasible.

"If we were to tell everybody in the county that has say an ECUA account, we're going to add $4,000 to your bill and we'll let you pay it over time to move that plant, we'd have a full meeting," Perkins said. "Or if we told everybody on the beach, we're just going to confine it to the beach, but everybody on the beach we're going to have an MSBU of $30,000 and we'll take that thing off the beach, we'd have a full meeting. There would be objections to that."

To read the original article, click here.

ECUA Town Hall - Proposed Reclaimed Water Storage Tank

Fri, 16 Oct 2015 18:45:53 GMT

ECUA’s current wastewater treatment plant on the Beach produces approximately daily approximately 800,000 gallons of reclaimed water. About 10-15% is currently used for irrigation and the rest is discharged into the Santa Rosa Sound. Instead of discharging the majority of the reclaimed water and using potable water from the mainland for irrigation, ECUA is in the planning stages of extending the reclaimed water system on Pensacola Beach so that more cheaper reclaimed water may be used for irrigation. A reclaimed water storage tank is necessary for this transition.

The current planned location for the storage tank is between the Catholic Church and the elementary school.

ECUA will host a town hall meeting related to the proposed storage tank and pumping station for the ECUA reclaimed water system on Pensacola Beach. The meeting is scheduled for Nov. 3, 2015, at 6:30 pm in the SRIA Board Room.

PBA Survey - Beach & SRIA Future

Sun, 04 Oct 2015 14:08:21 GMT

Pensacola Beach is changing. Management of some core services of the Santa Rosa Island Authority (SRIA) have been moved to Escambia County. These include Public Works (maintenance) and Public Safety (lifeguards). Residential and Commercial lease fees have been cut in half. What should the future look like?

This survey is designed to collect your thoughts and preferences for mapping the future of Pensacola Beach. Deadline for response is October 22, 2015.

The initial survey had an error. Please take the revised survey now: https://www.surveymonkey.com/r/Q888RYX

Commissioner Robinson to Host Town Hall at Pensacola Beach

Mon, 21 Sep 2015 15:20:19 GMT

Escambia County District 4 Commissioner Grover Robinson will host a town hall meeting on Tuesday, October 13, 2015, from 6 to 8 p.m. at the Santa Rosa Island Authority conference room (1 Via De Luna Drive).

Residents are invited and encouraged to attend the meeting, which will include several key County staffers.

Major transition looms for beach community, county (from the PNJ, 9/14/15)

Mon, 14 Sep 2015 15:10:29 GMT

(by Thomas St. Myer, Pensacola News Journal):

Just three days after the Board of County Commissioners shed some light on its feelings about the uncertain future of the Santa Rosa Island Authority, the Pensacola Beach Advocates will host a meeting at 6 p.m. Monday in the sanctuary of Our Lady of the Assumption Catholic Church.

PBA President Benjamin Stevenson said the primary purpose for the meeting is to introduce beach residents to county directors and staff who will be responsible for providing services on the beach. The county is assuming control of the Public Safety and Public Works departments from the Santa Rosa Island Authority, effective Oct. 1.

The county commissioners discussed the transition of the two departments and the future of the Island Authority for about 18 minutes at their Thursday morning committee workshop.

Last month, the commissioners voted to cut the roughly $8 million Island Authority budget in half and slice commercial and residential lease fees in half in correlation with the county seizing control of the two departments. The county will fund the operational budgets for the departments with an escrow currently set aside for land taxes that holds about $7,600,000.

Stevenson complimented the Island Authority for its incredible care of the beach, but he is confident the county will hold up to its promise to maintain those lofty standards.

"County officials will succeed out there as well," Stevenson said.

The Island Authority will be down to three departments — financing, administration and lease, and environmental and developmental services. Lease fee collections will fund what remains of the governing branch.

Commissioner Wilson Robertson (District 1) questioned why the Island Authority is losing only half its funding, if the county is absorbing the expense for two departments that exceed half the previous SRIA budget.

"At what point do we look at half the budget and say, 'Well, you don't have half the responsibility and operations you used to have, so do you still need half the budget?'" Robertson said.

Chairman Steven Barry (District 5) said, "This board's going to make that decision. We can make that decision today."

The island falls in the district of Commissioner Grover Robinson IV. Robinson suggested to his fellow commissioners that they seek input about services from island residents over the next year or two before possibly cutting further into the Island Authority budget.

Robinson favors ultimately eliminating lease fees. If that occurs, the Island Authority will essentially lose all of its funding.

"First, we have to know if (beach residents) want to keep (the services) or not," Robinson said, "and if they want to keep them how are we going to fund them? Because there's going to need to be something separate than what we pay in generalized ad valorem taxes."

Despite the uncertainty, the Island Authority will remain a governmental branch for the foreseeable future.

The Florida legislature created the Island Authority by Special Act in 1947. The Special Act states the legislature is the only governmental branch with the power to disband the Island Authority. Robinson said eliminating the Island Authority is not among the items on the wish list submitted by the county to the legislature.

No matter what happens to the Island Authority, the commissioners agreed enhanced services will be required for the island.

"If you take a snap shot from today to five years from now, there's going to be a revenue generating structure of some sort that wraps the island for the enhanced services," Barry said. "Now probably in five years maybe there will not be lease fees, maybe a special taxing district, an MSTU (Municipal Service Taxing Unit) to the island.

"There's got to be something, then, that those revenues are staying and are specifically segregated to stay and enhance services on the island, and I don't know what exactly that will be called, when does that happen? I think we start that discussion."

Pensacola Beach Advocates meeting

•When: 6 p.m. Monday

•Where: Our Lady of the Assumption Catholic Church, 920 Via de Luna Drive, Pensacola Beach

•Purpose: For island residents to meet county directors and staff who will be responsible for providing services on the beach and to discuss the lease-fee reduction setup with Island Authority staff

For the original article, click here.

Buck Lee to Push Up Retirement Date? (from the PNJ, 9/9/15)

Thu, 10 Sep 2015 13:56:04 GMT

(By Thomas St. Myer, pnj.com)

A potential bombshell slowly defused Wednesday night at the Santa Rosa Island Authority board meeting after board members discussed the future of executive director Buck Lee and his potential successor for about 30 minutes.

Chairwoman Tammy Bohannon caught the rest of the board members off guard when she proposed Lee be paid through May 23, but that he step aside Oct. 9, three months before his planned retirement date of Jan. 15. She cited the urgency to transition to a new director with the county assuming control of the Public Safety and Public Works departments Oct. 1 as reason for him to move up his last day as executive director.

Her proposal came after Lee read a two sentence statement about his retirement. Lee missed out on the opportunity to announce his retirement last month, leaving the meeting early due to illness.

"I thought I was going to read my two little sentences and leave," Lee said.

Board member Karen Sindel said, "How'd that work out for you?"

"Not very well," said a good-humored Lee, who joked about his refusal to mow grass and the possibility of someday working at Ace Hardware.

Jerry Watson told fellow SRIA board members that he preferred Lee stay through the transition. Dave Pavlock then questioned why the rush to replace Lee. A few of the board members asked Lee if he wished to push up his retirement.

"Let's come back and talk about this in committee, if that's the board's desire. … That won't be today. At the earliest, it'll be 30 days after that," Lee said.

The board agreed, assigning the proposal to its administrative committee.

Board members spoke for nearly 15 of the 30 minutes about a potential successor for Lee. Pavlock reiterated his preference the board promote from within. Sindel followed by a few other board members tabbed Paolo Ghio, director of developmental services, to be interim director.

That prompted Robbie Schrock, director of administration, to announce the three Island Authority department directors — her, Ghio and Dottie Ford — formulated a plan for board members to consider at a later date.

Schrock said they already spoke to four board members about their plan to replace Lee, with Sindel and Janice Gilley as the exceptions.

Pavlock complimented Ghio as a director, but he suggested Schrock succeed Lee.

"I do appreciate that. We do have a plan A and plan B on just what our personal ideas are," Schrock said to the board. "We are all three on the same page, and we have a great thing going on the island."

Schrock encouraged the board to let the directors speak to each of the board members before they decide on a successor.

Lee cited the uncertain future of the Island Authority for why he opted to retire two to three years earlier than he initially planned.

Bohannon hinted that the Island Authority will last at least through the year. County commissioners reportedly authorized the county administrator and attorney to discuss with the Island Authority board about a joint request to change the Special Act in time for the next legislative session, but Bohannon said, "I've been told that's completely off the table."

The Florida legislature created the Island Authority by Special Act in 1947 and is the only entity that possesses the power to disband the SRIA.

The discussions about Lee and his potential successor perhaps overshadowed a tribute to Bob West, the public safety director who is retiring effective Sept. 30. Bohannon presented West a plaque after spending about two minutes rattling off his impressive accomplishments in 12 years as director.

"The reality is it's not me," West said. "There are so many cogs on this great big wheel that have turned things around, and I'm just really proud to be one cog on this wheel."

For a link to the original article, click here.

Beach patrons to pay fewer SRIA fees (from PNJ online, 9/9/15)

Wed, 09 Sep 2015 16:20:34 GMT

(by Thomas St. Myer, PNJ)

Anyone spending money on a hotel room, dinner, souvenir or the sort on Santa Rosa Island will soon pay anywhere from a few cents to a few dollars less, assuming the sellers cooperate.

Last week, the Santa Rosa Island Authority sent a letter to commercial leaseholders about its lease fee reduction policy, which takes effect Oct. 1. Island Authority percentage fees will be reduced in half for full-service restaurants, fast food restaurants, beer and wine, professional services, retail sales, room rental, and other sales and services.

Holiday Inn Express General Manager Beverly McCay demonstrated how that reduction will save patrons renting a hotel room. The Island Authority collects 2.5 percent in fees for room rentals, which will decrease to 1.28 percent. That perhaps seems miniscule, but McCay used an example in which a patron renting a $100 room would save nearly $10.

If someone rents a hotel room today for $100 that total is multiplied by 2.55 percent for the Island Authority. That $102.55 is then multiplied by 11.5 percent (7.5 percent for state tax and 4 percent for tourism development tax) equaling $125.62. After Oct. 1, that same room will cost $116.47.

"Every little bit helps, but it's a little bit," said McCay, who falls in line with the overwhelming majority on the Island that argue since they pay property taxes they should have title to the property and should not have to pay lease fees.

The percentage fee reduction results from the Board of County Commissioners voting last month to cut the Island Authority budget in half and hand control of its Public Safety and Public Works departments to the county. In turn, commercial and residential leaseholders will pay half their previous lease fees.

Keisha Turner, an accounting specialist for the Island Authority, said commercial leaseholders are within their rights to decline the percentage fee reduction, but if they choose that option, they will be required to pay the Island Authority the same amount as the previous year.

"Whatever fee they charge the customers, we'll charge them," Turner said.

Tom Carmichael, co-owner of two Pensacola Beach establishments in Capt'n Fun Beach Club and Jubilee Oyster Bar & Grille, said he swallows the liquor sales percentage fees rather than charge patrons the extra 3 to 5 percent for the Island Authority. He then pays the Island Authority thousands of dollars out of pocket. Carmichael is unsure that will change with reduced percentage fees.

"It's difficult when you're a straight-up beer place," he said in reference to Capt'n Fun. "It's so competitive. A few cents is a big deal when you're talking about a single drink."

Santa Rosa Island Authority board member Karen Sindel and her staff noted commercial leaseholders such as Carmichael stand to receive some relief from the lease fee reductions. The Island Authority collects a variety of fees from commercial leaseholders.

The News Journal obtained a copy of the 99-year lease between the Holiday Inn Express and Island Authority. Percentage fees the hotel chain agreed to pay the Island Authority in its initial 15 years included:

•2 percent of gross receipts from food sales, beer and wine, plus six cents per square foot per year on ground rental on ground space occupied by facilities for preparation and service of food

•5 percent of gross receipts from sales of all alcoholic beverages other than beer and wine

•5 percent of gross receipts from all other sources except room rentals

•5 percent of first $12,500 of gross receipts per acre of demised premises

•3 percent of the next $12,500 of gross receipts per acre of demised premises

•1 percent of any gross receipts in excess of $25,000 in each of the first five years

•2 percent of excess during the succeeding five years

•2 ½ percent of such excess for the remainder of the term of the 99-year lease after the first 10 years of business.

When asked why anyone would be willing to open a business on Santa Rosa Island and pay numerous lease fees as opposed to opening that same business in downtown Pensacola, McCay said, "Insanity. At this point until something is done to alleviate lease taxes, it's insanity."

For a link to the article, click here.

SRIA Lease Fee Reduction Policy

Thu, 03 Sep 2015 02:14:27 GMT

For those of you who missed it in the most recent edition of the Island Times, the SRIA published their official policy on Lease Fee Reductions. The document is available here: Lease Fee Reduction Policy - Final.pdf. As a reminder to all members, there will be a membership meeting on Monday, September 14, 2015 at the beach Catholic Church starting at 6 p.m. where the new changes will be addressed, questions will be taken, and we will have the opportunity to discuss with our membership what the future may hold. Officials from Escambia County and the Island Authority will be speaking. Take a look at the SRIA's policy statement and come join us at the meeting. Hope to see everyone there!

County Looking to Alleviate Beach Traffic (from the PNJ, 9/2/15)

Thu, 03 Sep 2015 01:58:41 GMT

(PNJ 9/2/15, by Will Isern) It’s no secret Santa Rosa Island has a traffic problem.

With the exception of the early birds, anyone who has tried going to Pensacola Beach during the weekend this summer has likely sat in bumper-to-bumper traffic.

The lone stop light on the beach at the intersection of Via De Luna and Fort Pickens Road can create back ups stretching to the Bob Sikes Bridge toll booth. Pedestrians crossing the street from Casino Beach to the Quietwater Beach Boardwalk create further delays, not to mention a safety hazard.

The problem isn’t new, but has become increasingly worse as tourism numbers have continued to rise year over year since the BP oil spill.

“It’s a good problem to have, but it is a problem,” Escambia County commissioner Grover Robinson said.

The Board of County Commissioners is well aware of the issues beachgoers encounter, and will begin on Thursday to take steps to alleviate some of the traffic congestion.

But first they will do what governments do: conduct a study. Commissioners on Thursday will consider allocating $450,000 of local option sales tax money to update the 2010 Pensacola Beach Master Plan to determine how best to alleviate the traffic congestion.

As part of the update, whatever engineering firm the county hires will also be responsible for designing some short term fixes like traffic modifications for the Casino Beach and Circle K parking lots, as well as some potential long term improvements like a pedestrian flyover at the stop light and a relocation of the Santa Rosa Island Authority building.

As part of the same agenda item, commissioners will also consider allocating $1.25 million for drainage improvements on the island. Drainage problems exist on some of the residential back roads and in the Casino Beach parking lots.

“I tell people, I can’t help it if the bay rises, but if it rains and you get a lake in your front yard, we should be able to do something about that,” Robinson said.

In coming from local option sales tax, the two expenditures on the island highlight the county’s newly expanded role on Santa Rosa Island following the reduction of the Island Authority.

“The people who are paying taxes expect to get the same services everybody else is,” he said. “It’s time to start taking that money back there and start fixing things.”

For the original article, click here.

SRIA’s Buck Lee to resign, Bob West retiring (from the PNJ 8/12/15)

Thu, 13 Aug 2015 17:08:38 GMT

Thomas St. Myer, pnj.com --

On the heels of Escambia County commissioners voting to slash the Santa Rosa Island Authority budget in half and hand control of its Public Works Department and Public Safety Department to the County, SRIA Executive Director Buck Lee submitted his letter of resignation, effective Jan. 15.

Tammy Bohannon, the Santa Rosa Island Authority board chairwoman, announced his resignation Wednesday at the board meeting. The 68-year-old Lee left the meeting about an hour earlier, complaining of flu-like symptoms.

Board member Thomas Campanella said Lee intends to meet one-on-one with each of the board members and explain his decision. Lee called Campanella on Wednesday to break the news. Campanella said Lee spoke in a matter-of-fact tone without the slightest hint of a quiver in his voice.

Lee submitted his resignation on the same day that Public Safety Director Bob West filed his retirement papers after 12 years at SRIA. His retirement will be in effect Sept. 30, the day before the County assumes control of the department.

“If I was still working under Buck it might be different,” the 59-year-old West said. “If the board hadn’t thrown us away, I’d feel a lot differently about that.”

West described Lee as a phenomenal boss, who supported his employees and let them take risks.

SRIA hired Lee, a Pensacola native, as its executive director in April of 2005 after Hurricane Ivan depleted its budget.

“He came in after Ivan in ’05 when we were at a zero-base budget because nothing was open, everything was closed,” Campanella said. “He’s been here to build the beach back and go through the oil spill and all of that good stuff.

“He doesn’t mind going out there wearing his Ole Miss hat and talking to everybody and just getting in the midst of everything.”

Before his tenure as executive director, Lee served as county commissioner in both Escambia and Santa Rosa counties. He formerly owned Jack Lee Buick and Buck Lee Governmental Consulting Inc.

Board member Dave Pavlock said Lee treats everyone on the island like they just bought a Buick off of him.

“I’m sorry to see him go because he’s given 100 percent of his efforts and he’s had 100 percent respect and admiration by this board, and I think by the people on the beach and the businesses out here that are flourishing on the beach,” Pavlock said.

Fellow board member Jerry Watson said Lee excelled as an executive director for a myriad of reasons, starting first and foremost with his communication skills.

Lee tried unsuccessfully last week to persuade the county commissioners to leave SRIA alone.

The commissioners cut the $8 million SRIA budget and took control of two of its departments as the first steps in stopping beach leaseholders from paying lease fees on top of property taxes. Lease fees will be reduced by a minimum of 50 percent.

The SRIA budget is based solely on lease fees and covers expenses for lifeguards, services, salaries for 45 full-time staffers and 60 part-time staffers, and hosting events such as Bands on the Beach.

Pavlock said replacing Lee will be a gargantuan task considering the uncertain future for SRIA.

“We’re in a situation where we don’t know where we’re going to go with that,” Pavlock said. “To find someone that’s outside the organization is going to be very difficult to do because nobody’s going to want to take a job that they don’t know if it’s going to only last six months or a year or a year-and-a-half. With the staff that we have now here, I think we have talent that can continue to steer the ship in the direction we want to go.”

Click here for the article

Lease fees to be slashed for beach residents (from the PNJ, 8/6/15)

Mon, 10 Aug 2015 18:59:34 GMT

(by Thomas St. Myer, pnj.com) The Board of County Commissioners passed two ordinances at its meeting Thursday night that will significantly impact Pensacola Beach, its inhabitants and the Santa Rosa Island Authority.

The commissioners voted unanimously for Escambia County to take over Public Works Department and Public Safety Department duties from the SRIA effective Oct. 1, and they unanimously approved an ordinance leave no trace (trash, chairs and the sort) on the beach.

The SRIA budget ordinance is the first step in stopping Pensacola Beach residents from continuing to pay both property tax and lease fees. Lease fees by SRIA will be reduced by a minimum of 50 percent.

“It ultimately benefits the County from the sense of trying to create parity and fairness in the way taxes and leases are administered on the island,” said Commissioner Grover Robinson IV (District-4). “… I think all of us agree that they shouldn’t be paying taxes on the land and leases at the same time.”

The SRIA budget of about $8 million will be slashed in half. An escrow currently set aside for land taxes that holds about $7,600,000 will fund the operational budgets for the Public Works and Public Safety Department.

Commissioner Wilson Robertson (District-1) questioned if the SRIA budget should be cut further. Commissioner Chairman Steve Barry (District-5) said that is worth discussing and recommended they discuss that possibility at a later date.

The $8 million annual budget is based solely on lease fees and covers expenses for lifeguards, services, salaries for 45 full-time staffers and 60 seasonal staffers, and hosting events such as Blue Angels Pensacola Beach air show and Bands on the Beach. Robinson said SRIA will still be in charge of those events next year, but the commissioners will potentially search for ways such as a resort tax to fund them in the future.

All SRIA Public Works and Public Safety Department employees will be transferred to the County with no loss of pay following an extension and acceptance of an offer of employment.

The commissioners said the plan is for all current employees to be retained.

“At this particular time, I don’t think that’s what envisioned from the County standpoint,” Robinson said of job losses. “Clearly all of the other individuals in those two departments are going to roll over to us.”

The County will assume responsibility of some governmental functions from SRIA.

The $200,000 paid by SRIA for fire services will be eliminated and absorbed by the Fire Municipal Services Benefit Unit (MSBU) fund. There will reportedly be no change in the Fire MSBU rate paid on Santa Rosa Island.

The $75,774 paid by SRIA for ambulance services will be eliminated, too. An EMS fund will reportedly absorb that charge.

SRIA Executive Director Buck Lee opposed the ordinance, but he spoke in favor of cutting lease fees for residents. Lee attended the commissioners meeting, but he left before the SRIA budget came up for discussion. He spoke with the commissioners about the ordinance Thursday morning at a SRIA budget meeting.

“My main concern is keeping it the same level of service that we had,” Lee said. “I think the commissioners want to see the same level with the lifeguards and cleanup. We start at 4:30 in the morning and don’t stop until 12:30 next morning.”

Only one resident spoke in the public forum about the SRIA budget, but the leave no trace ordinance attracted five public speakers to the microphone. All five residents voiced their support for the ordinance.

“Having been here for almost 15 years now, I’ve watched it gradually get worse and worse,” Gulf Breeze resident Jim Cox said. “… It’s exasperated in recent years. The more people see other people leaving on the beach then they’ll leave on the beach. It’s one of these things where my neighbor does it, I’ll do it.”

The leave no trace ordinance calls for personal property left on the beach after 7 p.m. to be removed and disposed of properly. The commissioners amended the ordinance to include that a deposit may be set as determined by the county administrator. The ordinance will take effect at the first of the year.

Santa Rosa Island budget ordinance

•Any new hires by SRIA for the Public Works or Public Safety Department prior to Oct. 1 will require approval of the county administrator or his designee.

•All county roads on Santa Rosa Island will be included in the County’s existing resurfacing program.

•The county administrator and county attorney are authorized to begin discussions with SRIA to jointly request a change to the Special Act in time for the next legislative session.

click here to view the article

County Approves SRIA Reduced Budget and Lease Fees

Fri, 07 Aug 2015 19:29:08 GMT

On August 6, 2015, the Escambia County Board of County Commissioners (BoCC) approved the transfer of two SRIA departments to the county. All expenses associated with the Departments of Public Works and Public Safety, including employees, equipment, and operating costs will now be funded without the use of our lease fees.

As a result, the SRIA will reduce both residential and business lease fees by 50% effective October 1, 2015.

SRIA and County staff will begin meeting immediately to ensure a smooth transition. During the budget workshop there was much discussion about maintaining the current level of services on Pensacola Beach. Jack Brown, County Administrator, assured the Board that County officials plan to create two new divisions under the County's Public Works and Public Safety departments. All current SRIA staff positions would be transitioned into these two divisions, and it is expected that they will continue to function much as they do right now.

During the budget workshop they also discussed the fact that they need to start looking into what the SRIA should look like when all governmental services are eventually picked up by the County. Do we want a SRIA Board? If so, what do we envision as their role in managing Pensacola Beach? Now is the time to voice your concerns and suggestions.

This reduction in lease fees is a result of a coalition of PBA, the lodging representatives, and the Pensacola Beach Chamber, who educated, informed and encouraged the BoCC to take action after over 11 years of collecting taxes on the island while allowing us to pay for governmental services with lease fees that other county residents enjoy at no charge beyond their ad valorem taxes. We consider this to be the first step towards the elimination of lease fees, and we fully intend to continue our work towards this end.

County Enacted “Leave No Trace” Ordinance

Thu, 06 Aug 2015 15:23:30 GMT

On Aug. 6, 2015, Escambia Board of County Commission (BoCC) enacted the "Leave no Trace" Ordinance. The ordinance helps ensure the beaches on Pensacola Beach are clutter free and retuned to its natural state after sunset. It prohibits persons from leaving tents, chairs, coolers, umbrellas, and other personal items on the beach overnight. Penalties may include a $500 fine or 60 days in jail.

The ordinance is now in effect. Please keep our beaches clean and remove your belongs at the end of the day.

PBA Proposes Structure for Prospective Lease Reductions

Thu, 16 Jul 2015 01:50:52 GMT

The Santa Rosa Island Authority's 2016 proposed budget reflects a nearly 50% reduction and transfer of expenditures to the County. If the budget and transfers are approved, then SRIA has agreed to reduce lease fees accordingly. On July 13, 2015, the PBA sent a proposal to the Santa Rosa Island Authority encouraging SRIA to implement the proposed lease fee reduction across all classes of leaseholders by reducing each payers’ rate equally. Details are available here.

PBA Assists SRIA to Implement 50% Lease Fee Reduction

Sun, 12 Jul 2015 16:45:44 GMT

The SRIA’s proposed 2016 Budget reflects a nearly 50% reduction in expenses with the expectation that the Public Works (maintenance) and Public Safety (lifeguards) will be transferred to Escambia County as of October 1, 2015. The SRIA will correspondingly reduce lease fees.

However, arriving at a lease fee reduction that is fair to all is not straightforward. The various interests of Direct Residential Leaseholders, Master Leaseholders and Commercial Leaseholders need to be balanced. It is also essential that the lease fee reduction be passed on to sub-lessees wherever possible.

To guide the SRIA and our beach community’s discussion of how to equitably and legally reduce lease fees, PBA engaged the law firm of Clark Partington Hart Larry Bond & Stackhouse to give an opinion on several issues. Their opinion and the cover letter from PBA President, Benjamin Stevenson, to the SRIA are attached.

The PBA’s Government Affairs Committee will continue to work with the SRIA staff and attorney over the next weeks to help structure a fair implementation program for the lease fee reduction.

SRIA to Cut Lease Fees 50%

Tue, 23 Jun 2015 16:56:26 GMT

On Monday, June 22, 2015, the Santa Rosa Island Authority (SRIA) Board adopted its budget for fiscal 2016. The budget reflects the transfer of the Public Works (maintenance) and Public Safety (lifeguards) to Escambia County effective October 1, 2015. This will reduce the SRIA’s operating budget by about 50%. The SRIA Board directed a corresponding 50% reduction in residential and commercial lease fees.

The SRIA budget is subject to review and approval by the Escambia County Board of Commissioners. The County Administrator, Jack Brown, was at the SRIA meeting, and he indicated that the budget was in line with County expectations, although the County Board may require some undefined “tweaks” in the budget.

This lease fee reduction is the direct result of coordinated work by the PBA, the Pensacola Beach Chamber of Commerce and representatives from the major Beach hotels.

Some implementation issues, such as how to get master leaseholders to pass on the lease fee reduction to its sub-lessees, need to be worked out. Also, we need to make sure the County lives up to its promise of maintaining the current level of service for the maintenance and lifeguard services.

PBA will continue to work on obtaining additional lease fee reductions, with the ultimate goal of eliminating lease fees altogether. We will also continue to work on getting fee-simple title for all Beach leaseholders.

Sea Turtle Baby Shower - August 15

Tue, 16 Jun 2015 01:39:41 GMT

Meet Mia the Mermaid or take the Sea Turtle Oath at the Sea Turtle Baby Shower, Saturday, August 15 from 2:30 to 6:30 p.m. at Pensacola Beach’s Park West. It’s a celebration of our sea turtles. Learn about the mama turtle who returns to her birth place, Pensacola Beach, to lay her nest and the tiny hatchlings who emerge and head for the Gulf of Mexico. Make your own sea turtle ornament and touch a real turtle shell. There will be contests, games, performances, educational kiosks, give-aways, art vendors and a prize basket drawing. The event will take place at Park West, which is located at the end of Fort Pickens Road just prior to the National Park entrance.

If all the fun makes you thirsty, stop by the water booth to purchase a Turtles Dig the Dark souvenir, reusable cup filled with ice cold water. Proceeds benefit the Navarre Beach Sea Turtle Marine Conservation Center.

The event is sponsored by the Pensacola Beach Advocates, Holiday Inn Express, Margaritaville Beach Hotel and Emerald Coast Utilities Authority.

For more details, go to www.pbadvocates.org or call 850-916-6971.

Court Sides with Taxing Authority on 12 acres near Portofino

Thu, 04 Jun 2015 16:59:46 GMT

On May 28, 2015, the Florida Circuit Court in Escambia County granted summary judgment to the tax authorities in a case challenging the taxation of 12 acres of undeveloped land adjacent to Portofino condominiums. Island Resort Investments, Inc., v. Jones et al., No. 2011-ca-002367 (Fla. 1st Cir. Escambia Cnty.).

The ruling states that leasees have an “equitable ownership” in the leased land--and not just the improvements--and therefore the land is subject to ad-valorem taxes. This is similar to the Florida Supreme Court rulings last year on the taxability of leasehold improvements on Pensacola Beach (1108 Ariola) and leasehold land and improvements on Navarre Beach (Accardo).

The Escambia Courts have not yet ruled on two additional cases challenging the taxation of the leased land of the Portofino and Beach Club condominiums. Once these rulings are issued, assuming the conclusions are the same, Pensacola Beach Advocates will press the County to eliminate lease fees altogether.

In the meantime, PBA is continuing to work with the SRIA and Escambia County Board of Commissioners to effect a substantial lease fee reduction effective October 1, 2015.

SRIA Board Directs Budget Reduction to Reduce Lease Fees

Thu, 28 May 2015 17:01:49 GMT

Last night, our PBA, together with the PB Chamber, representatives from the PB hotels, and other concerned citizens pressed the Santa Rosa Island Authority (SRIA) last night to reduce its budget. As a result, the SRIA Board asked its staff to reduce the 2016 budget and transfer about $4.6 million in costs to Escambia County.

Cost transfers would include the cost of maintenance and lifeguards, as well as road maintenance and other costs normally borne by Escambia County in all other areas of the County.

The effect would be to reduce the SRIA 2016 budget by about 50%, with a similar 50% reduction in lease fees for all residential and commercial lease fees.

This is great news and welcome relief. Special thanks to Jim Cox and Terry Preston, PBA Government Affairs Committee, for the hard work and dedication they invested over the last year into achieving the goal of reducing lease fees. Thank you also for all those who turned out last night to show support.

If Escambia County Commissioners accept the SRIA budget and assume those costs, the lease fee reductions would go into effect October 1, 2015. The Board of County Commissioners have promised to maintain the current level of services on Pensacola Beach. We need to be sure they live up to that promise.

PBA members are encouraged to attend the next SRIA Budget Workshop on June 10^th and express their support for reduced SRIA budget and lease fees.

Public wants SRIA, no lease fees and current services (from the PNJ, 4/24/15)

Fri, 24 Apr 2015 14:15:36 GMT

PBA would like to thank all beach residents and business owners, members and non-members alike, for such a great turnout last night at the public input session. The following article from the PNJ is proof that a strong showing by island residents and businesses is important in order to get our message out regarding lease fee reductions, allocation of tax revenue, the future of the SRIA, and fee simple title:

By Kimberly Blair, PNJ, 4/24/15:

Keep the Santa Rosa Island Authority.

Keep the same level of services on Pensacola Beach.

Make Escambia County pay for those services with taxes collected from beach leaseholders.

That was the consensus among 100 mostly Pensacola Beach folks who showed up at a public forum Thursday, hosted by the West Florida Regional Planning Council.

The planning council has been contracted to analyze the organizational structure of the Island Authority and funding sources to figure out ways to continue to pay for beach services the public expects on the island to pave the way for a reduction or elimination of lease fees. Lease fees paid by residents and businesses fund the Island Authority's $9 million budget.

Some people said they expected the meeting to be a full on debate and wax on for hours.

But it ended in about 45 minutes and only 12 people stood up to speak, resoundingly in favor of keeping the SRIA in tact, and resolute that now that they are paying taxes, Escambia County should be footing the bill for lifeguards, maintenance and other necessary services for the beach to continue to be the county's major tourist draw.

Peter Nemeth got a round of applause when he said the county should reinvest some of the (tax) money back into the beach. Use some of the the tax windfall to fund the SRIA.

"And all residents should get a free pass on the toll bridge," he said.

Charles Parris said lease fees have to go.

"This is double taxation. It's incumbent on them (the county) to provide us essential services," he said. "No one loves Bands on the Beach more than I do. Obviously, the Blue Angels are part of our DNA. The county needs to come up with that money, not from the lease fees."

Nan Harper said one of the reasons Pensacola Beach is Northwest Florida's jewel is because of how well it's maintained. Workers are on the beach before dawn and don't stop cleaning it up until well after dark, she pointed out.

"We just won a major award because of the care and maintenance of the Island Authority," she said. "If we reduce that level of maintenance, of course our tourism success is going to diminish."

The public meeting was part of the final phase of the planning council's analysis it will present to the SRIA board in the near future, said Regional Planner Vikki Garrett, who moderated the forum.

She said the next step is to summarize Thursday's comments and present them to the SRIA board.

The board will use the findings to make recommendations to Escmabia County commissioners who are looking into what services on the beach the county can take over with tax dollars.

"The SRIA board wants to feel confident they are doing something that is supported by the community," Garrett said. "They are having to make tough decisions."

The next step in the process, she said, is presenting the SRIA board the planning council's analysis of the Island Authority operational structure during a workshop Friday.

Want to go?

WHAT: Santa Rosa Island Authority Comprehensive Analysis workshop, hosted by West Florida Regional Planning Council.

WHEN: 1-3 p.m. Aug. 24.

WHERE: SRIA building, 1 Via de Luna, Pensacola Beach.

WHO: Open to the public but there will be no public comment period.

DETAILS: (850) 932-2257.

Give input on Pensacola Beach services (from the PNJ online 4/16/15)

Fri, 17 Apr 2015 02:26:26 GMT

By Kimberly Blair, PNJ, April 16, 2015:

If you love Pensacola Beach events like Bands on the Beach or the Blue Angels Air show, your opinion is needed.

Or if you could care less about how clean the beach and its public bathrooms are kept, mark your calendars.

West Florida Regional Planning Council has been contracted to study its organizational structure of the Island Authority and funding sources to figure out ways to continue to pay for beach services the public expects on the island, if lease fees are reduced.

As part of that process, the Council is hosting a public forum at 5:30 p.m. April 23 at the Pensacola Beach Community Church, 920 Panferio Drive, Pensacola Beach.

Island Authority board member Janice Gilley, who advocated for public input during this process, said the forum will provide the platform for residents, beach business owners and employees and people who visit the beach to have their opinions heard about this issue.

"The most important thing is; this is the island's government body," she said. "If you would like to maintain the current structure, it's important to let the (Island Authority) board and county know this. If you would like to see major changes in the current government structure, you need to have your voices heard.”

Whatever decisions are made, there will likely be financial implications to beach residents and the public — such as reduced lease fees and possible adoption of other fees the public may have to pay to make up for the loss of lease fees, which funds the $8.9 million Island Authority budget.

This will be the first time the public has had this opportunity to voice their opinions about their vision for the future of the beach outside of Island Authority or county board meetings.

Since the SRIA was created by the Florida legislature in 1947, it has been fully funded from lease fees collected from businesses and residences on the beach.

The mission of the SRIA is "to promote tourism, manage growth and provide entertainment in a safe, clean, eco-friendly environment."

From public works and public safety, to environmental and development services and events, Island Authority services include: Blue Angels Beach Show and Bands on the Beach; funding of the Pensacola Beach Visitors Information Center and Chamber of Commerce; road and right-of-way maintenance; wayfinding and public information signage; drainage; parking lots; lighting; facility maintenance; beach access; coordination with law enforcement, fire/rescue/EMS and other public safety agencies; management of lease payments and customer service; and review of construction, development and redevelopment to ensure they are consistent with applicable local, state and federal regulations.

For more information, contact WFRPC Regional Planner Vikki Garrett at vikki.garrett@wfrpc.org or call (850) 332-7976, ext. 211.

View details about what the Island Authority operates at http://sria-fla.com/viewpoint.php.

Calling all Members -- SRIA Public Input Session

Thu, 09 Apr 2015 17:03:10 GMT

With lease fees on the chopping block and taxes here to stay, what does the future hold for the SRIA? A Public Input Session will be held on Thursday, April 23, 2015 at 5:30 p.m. at the Pensacola Beach Community Church. The West Florida Regional Planning Council (WFRPC), who has been hired by the SRIA to help them plan for the upcoming transitions, will host the session. They are seeking input from the general public regarding the future organizational structure and funding sources of the Santa Rosa Island Authority. See the attached Notice for additional details.

PBA urges all of its members to attend. Not only will it provide our members with the opportunity to become better informed about the future of our community, but it also provides us all with the chance to make our voices heard.

We look forward to seeing everyone there.

Blair: Enjoy Bands on the Beach while you can (from the 4/7/15 edition of the Pensacola News Journal)

Tue, 07 Apr 2015 12:33:11 GMT

By Kimberly Blair:

Emerald Coast Blues Brothers kicks off one of the most popular musical events on Pensacola Beach at 7 p.m. on Tuesday — the 30-week Bands on the Beach concert series.

The weekly concerts are free and open to the public.

In an era when we mostly communicate with friends and loved ones through social media or smartphones, the concerts offer a unique opportunity to bring friends, families and couples together. They set up their lawn chairs, blankets and picnic baskets. Heck, some folks go all out with tables and candles and full meals while enjoying the music and sense of community for two hours.

Hands down, the venue at the Gulfside Pavilion on Casino Beach, against the backdrop of the Gulf of Mexico, is unparalleled. Band concerts typically attract 2,000 to 4,000 people who turn out to see some of the most popular local and regional bands.

Clearly, our community loves free outdoor concerts.

So, if you're a Bands on the Beach fan, you may want to make sure you get to as many of the weekly concerts as possible this year.

Santa Rosa Island Authority budgets $60,000 to sponsor the series, which pays for acts, sound, lights and other costs. In an effort to give beach residents relief from paying both Island Authority lease fees on top of county taxes, county officials are pouring over the Island Authority budget to see what services it will take over paying for with the taxes from the beach.

The idea is to whittle down the budget so lease fees can be reduced. It's possible in the future, if beach leaseholders are able to get titles to their land, lease fees will be eliminated.

When the lease fees go so too goes the budget for many things like Bands on the Beach.

Some of those sitting in on the meetings say Bands may have to get corporate sponsors to continue in the future, just like the other free concert series in the area.

For instance, Bands on the Blackwater in Milton is sponsored by Santa Rosa Medical Center and other companies. Hill-Kelly Dodge is among a number of sponsors who pay the tab on Evenings in Olde Seville Square. Blues Angel Music sponsors Blues on the Bay in the Community Maritime Park Amphitheater. Even Navarre's Summer Concert Series depends on sponsors.

None of these other series provide as extensive of a lineup, spanning 30 weeks, as Bands on the Beach, though.

The Island Authority puts it on not just for locals but to also provide a "family-friendly" activity on the beach. That's something sorely needed. After a day in the sun and surf, there's not many attractions for families with children, or visitors who don't want to hit the bar scene, to do on the beach in the evening.

W. A. "Buck" Lee, Island Authority executive director, firmly believes this is why county officials will continue to support the series on their largest tourist attraction.

I hope he's right.

Because as line items in the budget are scrutinized — including critical items such as lifeguards and beach maintenance — and the future of the Island Authority is analyzed, Bands on the Beach may end up in the column with no government funding.

We can only hope that beach hotels whose guests go to the concerts and the bars and restaurants that benefit from concertgoers' business, and even the liquor distributors, will step up and sponsor the series.

In the meantime, get out your dancing shoes and get ready for a great lineup of "Good Vibrations" on the white sands of Pensacola Beach.

Did I mention you get a sunset with the package?

For more details, visit http://www.visitpensacolabeach.com/events/bands-on-the-beach.php.

Fee Simple Title Bill Introduced In House (from Island Times, 3/31/15)

Tue, 31 Mar 2015 22:13:08 GMT

The following article can be found in the latest edition of the Island Times. PBA encourages all members to reach out to your Congressmen and Senators -- if you want fee simple title you need to let them know!

Island Times -- Congressman Jeff Miller introduced a bill March 18 in the House of Representatives that would give Escambia County the ability to offer Fee Simple title to beach leaseholders. The bill, which is H. R. 1452, is similar to the bill that passed the House in February 2014, except this bill has gained Senator Marco Rubio’s support.

“Santa Rosa Island residents should have title to properties they are already taxed on, and this bill intends to remove obstacles the government has put up in the way of this,” Rubio said. “With the input of offi cials in the region and impacted members of the community, we’ve developed this solution to provide people with options to the land so they can move on with their lives.”

Last year’s bill passed the house and languished in the Committee. H.R. 1452 has been referred to the House Committee on Natural Resources which will consider it before sending it to the House fl oor for consideration.

The Senate’s version, S 770, was introduced by Senator Rubio on March 18. This bill was referred to the Senate Committee on Energy and Natural Resources which will consider it before sending it to the Senate fl oor for consideration.

After the court battles contesting the taxation of leasehold property and improvements made their way through the legal system, leaseholders were faced with the burden of paying both taxes and lease fees. The conveyance of Fee Simple title would in essence make leases void.

When Santa Rosa Island was originally deeded to Escambia County, the County could only lease the land, not sell it. The restriction on use and conveyance would be lifted if this bill passes the Legislature.

“This is a fairness issue,” said Miller. “This legislation will help to ensure that leaseholders currently paying taxes and living and working on Santa Rosa Island have the choice to attain title to their land, while also upholding current conservation agreements and public access to the island’s beaches.”

Included in the bill: Escambia County would have the ability to offer Fee Simple title to leaseholders but would not be able to charge more than it costs to administer the transfer. Leaseholders would not be compelled to take title.

Escambia County will have to convey Navarre Beach to Santa Rosa County.

Escambia County and Santa Rosa County shall in perpetuity preserve those areas on Santa Rosa Island currently dedicated to conservation, preservation, public, recreation, access and public parking in accordance with resolutions heretofore adopted by the Board of County Commissioners of each respective county.

Pensacola Beach Advocates Governmental Affairs Committee Chairman Terry Preston asked fellow islanders and interested parties to contact elected offi cials to voice their support of the proposed legislation.

Contact Senator Marco Rubio: http://www.rubio.senate.gov/public/index.cfm/contact 202-225-4136

Contact Senator Bill Nelson: http://www.billnelson.senate.gov/contact-bill 202-224-5274

Contact Congressman Jeff Miller: https://jeffmiller.house.gov/contact/contactform.htm 202-225-4136

Readers can track the progress of H.R. 1452 online at https://www.govtrack.us

Reducing Pensacola Beach lease fees is no easy fix (PNJ 2/22/15)

Mon, 23 Feb 2015 13:18:56 GMT

Reducing Pensacola Beach lease fees is no easy fix

Freddie Falgout in some ways is one of the lucky Pensacola Beach leaseholders.

http://on.pnj.com/1Ah6eyC

Kimberly Blair, pnj.com 2:18 p.m. CST February 22, 2015

Santa Rosa Island lease fees

Freddie Falgout owns a home, a rental home and recently sold this vacant lot on Pensacola Beach. He and other home owners don't think it's fair to pay taxes on property they don't actually own, especially on top of their annual lease fees.(Photo: Ben Twingley/btwingley@pnj.com)

Freddie Falgout in some ways is one of the lucky Pensacola Beach leaseholders.

He only pays $150 and $165, respectively, in annual lease fees on each one of his two Via de Luna lots on which he has his primary residence and a rental property.

So paying the fees on top of the taxes he's now required to pay Escambia County for his properties in paradise is not that hard on his budget, he said.

A lot he's selling off is another story.

"The lease fee on the lot is almost equal to the $1,250 in taxes I pay on it," Falgout said. "I didn't know that when I bought the lot. It was a surprise since I was paying $165 in lease fees on a lot with a house. So, I decided I'm not building a house on the lot. I'm selling it."

Many beach leaseholders are facing similar hard financial decisions now that the Florida Supreme Court upheld the right for Escambia County Property Appraiser Chris Jones to assess taxes on Pensacola Beach land and improvements on the land on top of paying the original lease fees for which they signed on.

Since that court ruling last year, residents and business owners, most of whom are facing paying thousands of dollars more annually since they began paying taxes on dwellings in 2004 and land in 2011, have been demanding Escambia County commissioners roll back or eliminate their lease fees, similar to what Santa Rosa County has done for Navarre Beach residents, and put an end to what they call "double taxation."

Last week, Santa Rosa Island Authority, a beach resident, a commercial representative and Escambia County officials sat down to begin looking into immediate ways to address rolling back lease fees — $3.2 million collected on residential property annually and $4.7 million collected on a percentage of revenues commercial properties generate.

The game plan is for the county to take over payment of basic services it provides every other county resident with the roughly $7 million in its share of taxes collected on the beach (the school board gets about the same amount), which the Island Authority provides with lease fees, such as repairing pot holes and cleaning and maintaining public park.

The challenge is figuring out a way for the county to do this and still maintain "the cleanliness on the beach and all the different activities we provide beach and county residents and tourists," said Tammy Bohannon, Island Authority board chairwoman.

Terry Preston, who serves on the Pensacola Beach Advocates governmental affairs committee, is representing residents at the lease fee meetings.

"The immediate goal is moving whatever we can out of the budget this fiscal year so they (SRIA) can reduce lease fees immediately, in my opinion," she said. "Can they eliminate fees? Maybe not."

What it pays for

For instance, the Island Authority's $8 million annual budget, based solely on lease fees, provides everything from lifeguards, ambulance service and fire protection to cleaning streets, beaches and public restrooms, beach renourishment, salaries for 45 full-time staffers and 60 seasonal staffers, along with hosting some of the biggest events in the area.

W.A. "Buck" Lee, Island Authority executive director, said there's only about three and a half hours a day when a maintenance employee tasked with picking up trash on beaches and maintaining public areas and cleaning restrooms is not on duty. That's how much work there is to do to keep the beaches ready for visitors, he said.

Whether the county will pick up the tab on this same level of service the Island Authority provides will likely be a topic for debate, Lee said.

Many visitors have come to expect a clean and safe beach. They are responsible for naming Pensacola Beach one of the top five U.S. beaches for a 2015 TripAdvisor poll last week, Lee said.

Beyond the basics, figuring out how to pay for other services and events the Island Authority funds without lease fees gets complicated.

What's at stake

Who, for instance, would pick up the $150,000 tab the Island Authority pays for the annual Blue Angels Beach air show and the $45,000 it earmarks for the popular Bands on the Beach concert series from April 7 to Oct. 27, Lee asked.

Melanie Waite, with the Pensacola Beach Krewe of Wrecks, is worried that if lease fees go away, the Island Authority will no longer be able to support the hugely popular Mardi Gras parade on the beach.

"We are really worried about the changes in the Island Authority," she said. "If not for the $23,000 they contribute for the (crowd) barriers, we could not control our expenses for the parade."

And it could mean the end of the parade.

Lee's also concerned about where sponsorship money the Island Authority provides will come from for events that attract visitors, such as the Songwriters Festival, Art and Wine Fest and Santa Rosa Island Triathlon.

"All of this on the table," he said. "Nothing is written in stone and there are no recommendations yet."

Ron Ellington works for Innsfree Hotels and represents Portofino Resort Developer Robert Rinke, Innifree Hotels founder Julian MacQueen who owns Holiday Inn Resort, Hampton Inn and Hilton Gulf Front, and Marilyn Hess, who owns Margaritaville Beach Hotel, Holiday Inn Express and SpringHill Suites at the lease fee meetings.

These hotels pay the Island Authority a 2 percent to 5 percent fee on revenue from sales of things such as retail items, drinks, food and lodging. Hilton alone paid $504,000 on its sales in 2014.

Ellington said they are looking to roll that back now that the hotels are paying hefty taxes.

The people he represents understand their visitors expect a high level of service.

This is the county's most-used park, and 70 percent of the people who come out here are local, he said.

"It's a huge economic engine ... generating $280 million in economic impact every year," he said

Ellington said residents in other parts of the county should be invested in what happens to the beach because they benefit from beach visitors.

"Overnight beach guests generate 35 percent of the (local option sales tax) revenue," he said. "So they are contributing to infrastructure of the county."

They pump 50 cents on the dollar into the economy on food, libations, museum visits and other attractions, he said.

Hard decisions

To be sure, Preston, who is looking for relief from her own $600 annual lease fee bill, said there will be hard decisions to make down the road as the Island Authority and Escambia County look for ways to pay for services not provided to the rest of the county.

"We'll have to decide, do we want them or do we pay for them with alternative funding?," she asked.

While the county looks at what it can take off the Island Authority budget, the Island Authority board hired the West Florida Regional Planning Council to help it analyze its operations and identify other possible funding sources to replace lease fees.

One idea that has been floated at Island Authority meetings is a resort tax that could fund special events and beach projects, Lee said.

Even more complex is figuring how to eliminate lease fees all together, Escambia County attorney Alison Rogers said.

"It gets complicated when you're dealing with a situation like a condominium," Rogers said. "You may have a developer who has some interest. The association and unit owners may have some interest. Some things are purchased by holding corporations or trust. The list of possibilities is endless."

Bohannon has been leading the charge on figuring out how to deal with the master leaseholder issue because she subleases property in Lafitte Cove from a master leaseholder.

"As a resident and having lived out here 30 years, of course I'm not in favor of paying lease fees and taxes because we were told we'd never pay taxes," she said. "Unfortunately, that's not the case. And unfortunately, there are many master lease holders out here that derive revenue by paying one sum to the Island Authority and charging their leasee another fee. I'm not sure how this is going to be untangled."

Bohannon, a realtor, is paying a $2,000 annual lease fee and $6,000 in taxes on her home. She's managed to afford it, but she knows many people who can't afford the burden of the double taxation.

Fee simple

Beach leaseholders and business owners have been hanging high hopes on obtaining fee-simple title to their land, which would absolve them of paying lease fees.

The county has been pursuing that option through a bill U.S. Rep. Jeff Miller, R-Chumuckla, introduced in 2013. It passed the house and died in a Senate subcommittee.

Dan McFaul, Miller's chief of staff, said the congressman plans to reintroduce the bill to the new Congress sometime this year.

"It has to be updated and redrafted ... that's being done now," McFaul said. "We'll coordinate with the Senate to introduce it at the same time."

Miller is seeking a senator to sponsor the bill.

The bill, if passed, would also convey land that falls in the jurisdictional boundaries of Santa Rosa County, but is owned by Escambia County, back to Santa Rosa.

This is all a moot point until all the litigation fighting taxation is settled. There's still lingering litigation opposing taxation of the land for Portofino Resort towers 1-5 and Beach Club Condominiums.

Commissioner Grover Robinson III, whose district includes Pensacola Beach, is anxious for lawsuits to be settled one way or another because it keeps everyone in limbo.

"That creates the uncertainty," he said. "Do we have taxes or not? I want a solution. That would be one way to move forward."

Creating more complications

While it's still a long way off, a fee-simple title, if passed, could create complex legal issues.

"If and when we have to determine conveyance of deeds to property, that will be fairly complex," Rogers said.

For instance, what will be the government process and legalities for buying or selling of beach property? Retaining a company to do title searchers can get bogged down in the bureaucratic process, she said.

And what about those sublease holders who are paying taxes on their subleased property? There could be problems with them obtaining titles, Rodgers said. And there could be legal battles over the rights to the titles.

In the meantime, Falgout hopes the double taxation issue won't spook his potential buyer.

"He was concerned about double taxation," Falgout said.

When Falgout explained the situation, "He said, 'I don't understand. So I have to pay taxes and leases?'"

A question many residents of Pensacola Beach have been pondering lately.

By the numbers

$3.2M: Amount of annual lease fees Pensacola Beach residential leaseholders pay the SRIA.
$4.7M: SRIA fee collected from businesses on rooms, food, drinks and souvenir sales.
3,899: Residential leases.
230: Vacant lots.
176: Commercial entities.
58: Master leases on such things as condominiums.
91: Subleases.
$135: Lowest residential lease fee.
$1.06M: Highest lease fee on the five towers with 765 units of Portofino Resort.
$4,000: Highest single-family home lease fee.
$504,000: Highest commercial lease fees collected from Hilton Pensacola Beach Gulf Front.
$150,000: Amount SRIA pays to put on the Blue Angel beach air show.
$45,000: Amount SRIA pays for April through October Bands on the Beach weekly concert series.
$55,000: Amount SRIA gives the Pensacola Beach Chamber of Commerce for New Year's Eve and Fourth of July fireworks.
$96,000: Amount SRIA gives Pensacola Beach Chamber of Commerce to pay two chamber staffers, including the CEO/president.
$250,000: Amount SRIA paid to secure permits to restore sand on the Gulf side of Pensacola Beach.
$8.5M: Amount Island Authority is paying Escambia County for a loan to pay half of the beach renourishment slated to begin this year.
$200,000: SRIA gives to county's Pensacola Beach fire department.
$70,000: For EMS ambulance service.
$150,000: For Escambia sheriff's deputies for tourism season.
$2.8 million: Cleaning parking lots, beaches, restrooms and picking up trash from 4 a.m. to midnight each day.
$1.6M: Public safety, including lifeguard service.

Source: SRIA

Navarre Beach lease fee saga laid to rest (PNJ 2/21/2015)

Sun, 22 Feb 2015 22:04:52 GMT

For Navarre Beach leaseholder Stephanie Lansden, paying a hefty lease fee on top of an equally hefty property tax on her Summerwind West condominium would have come to about an $8,000 annual price tag — a $4,000 lease fee plus $4,000 in taxes.

But luckily she won't have to face that dilemma — hopefully, ever.

After years of inconsistencies, litigation and questions of equitability surrounding lease fees and property taxes for Navarre Beach residents, the lease fee issue may finally have been put to bed by the Santa Rosa County Board of County Commissioners in the form of a completely new residential lease fee policy for the beach.

The board implemented a new policy this month standardizing residential lease fees on Navarre Beach, capping fees at $250 per lease per year and providing what commissioners say is a fair solution not just to leaseholders, but to all residents of Santa Rosa County.

"I'm happy with it," said Lansden, who has been dealing with the lease fee issue for years as a condo owner and president of the board at Summerwind West. "I'm hoping it'll put it to bed — I don't want to revisit this."

With lease fees ranging anywhere from less than $100 to upward of $4,000 each year, county commissioners hope the policy will bring consistency to a longstanding, often controversial issue on Navarre Beach.

The new policy will be retroactively effective Nov. 1, 2014, also eliminating an additional 5 percent fee previously charged for third-party rentals on certain leases.

"The biggest problem that we had, and the leaseholders had, was the inconsistencies in the leases, and that was because they were negotiated at different periods of time," said District 3 Commissioner and Board Chairman Don Salter. "So our goal was to try to find a consistent lease fee policy that was fair to the leaseholders and also fair for the county as a whole."

Changes through the years

Though lease fees on Navarre Beach date back to 1956, when Santa Rosa County began leasing the beach from Escambia County, complications began to arise in November 2001 after Navarre Beach properties became subject to ad valorem taxes on improvements.

The change was driven by Santa Rosa County Property Appraiser Greg Brown, whose understanding of the leases led him to begin taxing the land improvements. The issue went to the U.S. Court of Appeals and eventually the Florida Supreme Court, which both upheld Brown's notion that land improvements could be taxed on Navarre Beach.

Brown said since leaseholders are privy to the same benefits as landowners, his position was that they should be subjected to the same taxes.

"They can live on (the property), they can rent it, they can take mortgage interest on their properties, so they've got the same benefits and burdens as anybody else does," Brown said. "But they wanted to be in a special class and not pay taxes like everybody else, and that wasn't fair."

In 2006, Navarre Beach properties became subject to property taxes on the land in addition to improvements, a decision also pursued by the property appraiser's office and upheld by the appellate and Supreme courts.

With the addition of ad valorem taxes — commonly known as property taxes — to the lease fee payments, many beach residents cried foul against what they called double taxation.

And despite the court rulings, groups of Navarre Beach leaseholders sued Brown and Santa Rosa Tax Collector Stan Nichols through various lawsuits from 2001-13, petitioning against paying property taxes on the leased land. The lawsuits were unsuccessful, with courts upholding the county's right to tax Navarre Beach properties.

The county responded by implementing a lease payment credit policy in 2001, which gave leaseholders a credit on lease payments equal to any property taxes paid in full.

"What we tried to do, we simply didn't think it was fair to have someone paying taxes and an additional lease fee above what the taxes would have been," Salter said. "So we adjusted the taxes to give them credit on the lease fee, not to exceed what the total taxes would have been."

Issue resurfaces, county resolves

The lease fee credit policy remained in place for years, only recently suspended by the county on Oct. 23 based on input from the Attorney General's Office that such credits act as a tax exemption and are unconstitutional.

This decision led the county to temporarily suspend collection of residential lease fees on the beach while county officials searched for an equitable solution for leaseholders.

With an overall positive response from beach residents regarding the new policy, it seems the county may have accomplished just that.

John Cottle, a senior attorney at the Becker and Poliakoff law firm in Fort Walton Beach who has represented the Summerwind Condominiums since 2009 in relation to the lease fee issue, said he's more than happy with the resolution.

"It did two things that we wanted to achieve, which is to set the fee at something fair and reasonable and get the Summerwind owners out of essentially paying double taxation," Cottle said. "Secondly, it fixed the amount at a set amount that can't easily be modified going into the future."

That fixed amount could prove to be beneficial not only to current leaseholders, but also in attracting potential buyers and creating a more stable real estate market, said Ira Mae Bruce, a realtor on the beach and a former county commissioner representing the Navarre district.

"It's just been a conglomerate of different things, and it was very difficult for buyers to understand why their lease was less or more than anybody else," Bruce said. "This evens things out across the board."

County impact

Even with the lease fee credit policy, lease fees on Navarre Beach are a substantial revenue source for the county, generating hundreds of thousands of dollars each year from the approximately 2,000 residential leases on the beach.

As part of the new lease fee policy, Santa Rosa County agreed to dedicate all future lease fee revenue to Navarre Beach, rather than putting the money in the county's general fund as was previously the case.

Between staffing Navarre Beach with lifeguards, maintaining beach facilities and keeping roads clear after storms, Salter said beach-related expenses take up about $650,000 of the county's budget each year.

"There are a lot of additional expenses that go along with maintaining an island," he said. "So that's why it was important for us to commit the standardized lease fee to go toward those expenses."

The net revenue produced by residential lease fees on Navarre Beach in 2014 was about $495,000, taking into account the county's previous lease fee credit policy.

County Attorney Roy Andrews determined that the new fixed-rate policy would be essentially revenue neutral for the county, reducing the county's revenue by about $9,000 based on the amount generated last year.

Though the $250 policy won't affect revenue, the county's decision to eliminate the additional 5 percent fee affecting about 700 leases is another story.

The fee generates about $228,000 for the county annually, varying depending on the number of leases reporting the revenue.

Elimination of the fee passed in a 3-2 vote, with Salter and District 5 Commissioner Lane Lynchard voting against it.

"We'll be losing approximately a quarter million dollars a year that would be recurring over the years," Salter said. "So now we're going to have to try to find a way to possibly replace that money."

Kaycee Lagarde, pnj.com

http://www.pnj.com/story/news/local/navarre/2015/02/21/navarre-beach-lease-fee-saga-laid-rest/23819077/

PBA Hosts Eco Happy Hour on March 12th 2015

Sun, 22 Feb 2015 21:04:05 GMT

Pensacola Beach Advocates and our Beach Keepers committee are hosting an "Eco Happy Hour" on Thursday March 12th from 4:30 pm to 7:00 pm at the Pensacola Beach Church Fellowship Hall at the corner of Avenida 18th and Via de Luna Drive.

Sip on some beer or wine and enjoy a few snacks while learning about the environment, wildlife, and local agencies. The Eco Happy Hour is a great opportunity for property managers, business and beach residents to meet and mingle in an educational setting.

Admission is free and open to everyone. There will be representatives from many local and regional groups who are interested in preserving the environment and quality of life on our barrier island. These include:

Rick O'Connor with Florida Sea Grant: presenting information about turtles and other local wildlife
Jim Roberts from ECUA: available to answer questions and discuss more about "your trash"
National Park Services will have an attendee to provide Park information
SRIA will have an attendee to provide information about our beach trolley along with beach ambassador information and sign up
PBA Beach Keepers: our very own PBA Beach Keeper committee will be discussing their local involvement with environmental initiatives on Pensacola Beach

PBA will be accepting membership dues for 2015 at this event - $30 per household.

Door prizes will be given away which will include tumblers inscribed with PBA as well as gifts donated/purchased from local artists. Please RSVP so we know how many people to plan for. All preregistered attendees will be eligible for a door prize drawing.

Beer, wine and appetizers will be served. For more information email info@pbadvocates.org or call 850-291-7451.

Trash Pickup to Change from Friday to MONDAYS on Pensacola Beach

Thu, 08 Jan 2015 15:43:33 GMT

ECUA Residential Sanitation Customers on Pensacola Beach - Collection Day Changing from Friday to Monday

As a part of Emerald Coast Utilities Authority’s (ECUA) commitment to service improvement, the following change to the current Pensacola Beach sanitation collection routes have been approved and will become effective Monday, February 2, 2015.

Pensacola Beach residential sanitation customers will experience a collection change to their garbage, recycling & yard trash collection service. The last Friday sanitation collection will be January 30, 2015 with the new collection service debuting on Monday, February 2, 2015.

Pensacola Beach dumpster customers will experience no change in service. Approximately 1,500 customers will be impacted with the new service schedule. For additional information call ECUA Customer Service at 476-0480, or visit www.ecua.fl.gov.

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PBA Annual Meeting Minutes and Board Elections

Sat, 22 Nov 2014 19:41:17 GMT

The meeting minutes for the PBA Annual meeting held in October have been posted on our website. Outgoing President Terry Preston gave a synopsis of the projects that we worked on this year including: noise ordinance, sea turtle lighting and education; Earth Day event; beach representative on the Toursim board; Restore dollars; Party Down South; member survey; keeping members updated on tax and other beach issues. We heard a presentation on Rick O'Connor with Florida Sea Grant about various coastal environmental issues. We heard reports from our three standing committees - Government Affairs, Beach Keepers and Membership. The following people were elected to the Board of Directors: Ben Stevenson and Jack Cerone. Existing board members are Dan Smith and Liz Waters Hewson.

View Meeting Minutes

Board Elects Positions

The Board of Directors met earlier this month to elect officers and discuss goals and priorities for the year to come. Benjamin Stevenson will serve as President, Dan Smith will continue to serve as Vice President, Liz Hewson will be the Secretary and Jack Cerone is our member at large. One other board member had to step down due to work commitments. So we have one opening on the Board. If you would like to self-nominate please send an email to membership@pbadvocates.org.

Committee Chairs (non Board members) are Maria Weisnicht (Communications & Membership); Glenn Windham (Treasurer); Terry Preston (Government Affairs) and JJ Waters (Beach Keepers).

Government Affairs Committee Report

Fri, 21 Nov 2014 20:45:44 GMT

Our immediate past President of PBA, Terry Preston, will take over from Jim Cox as the chair for the Government Affairs Committee. They attend many of the local government meetings and provide input on issues of interest to the PBA membership. This committee has very important work in the next 12 months as we work with other stakeholders on the beach to determine the future of the island and SRIA after lease fees are eliminated. If you would like to be a member of the Government Affairs Committee please send an email to membership@pbadvocates.org.

As we talk to beach residents and leaseholders, we find that there is still much confusion on the situation with taxation and lease fees on the beach and what our path forward looks like. We hope this article clarifies the issues for you.

Tax Lawsuits

ALL Pensacola Beach leaseholders lost the lawsuit against taxes on IMPROVEMENTS in the Florida Supreme Court and were notified of taxes due in June. Navarre Beach residents lost both lawsuits on the improvements and the land.

Based upon the advice of the attorneys after the Supreme Court decision, most of the Pensacola Beach leaseholders chose to ask their attorneys to dismiss the lawsuit on the land taxes as well, and began paying those taxes. Two entities, Portofino and Beach Club, with their associated leaseholders, have elected to continue the lawsuits on the land taxes. Any other lawsuits on the land taxes are being continued on a case by case basis. Over the past ten years, the County has collected $59 million in ad valorem taxes (excluding school taxes) from Pensacola Beach leaseholders. Very little of this has been used to support beach operations.

Fee Simple Title and Lease Fee Reductions

Fee Simple Title would give current leaseholds title to their property. Fee-simple legislation was introduced to the U.S. House of Representatives and passed in 2014. It has not been introduced in the U.S. Senate as of this date. PBA sent letters to both Senators before the summer recess requesting that they introduce the bill. We have not received a response to date. We sent a newsletter to our members asking you to contact your Florida Senators encouraging them to sponsor such a bill.

Escambia County Board of Commissioners claims to be waiting on resolution of the remaining land tax lawsuits before reducing or eliminating lease fees on Pensacola Beach. However they are holding land taxes in escrow to either repay lease fees or collected taxes depending on the outcome of the land lawsuits. The PBA Board does not feel that the County is escrowing enough dollars for condos - the calculation they use for the land portion of condo taxes (15%) does not reflect the percentages established in 2012 by a Portofino lawsuit.

The Santa Rosa Island Authority is waiting for fee simple legislation before reducing or eliminating lease fees. They are actively seeking ways to continue operations with the existing organization intact regardless of fee-simple legislation.

The Santa Rosa County County Commissioners are actively looking for legal ways to eliminate lease fees for Navarre Beach leaseholders, but they do not have a large bureaucracy like the SRIA to support with tax dollars.

Planning for the Future

Escambia County and Pensacola Beach will have to come up with a plan on how to run and manage the island without lease fees. It’s a complicated issue because we have a combination of commercial leases where businesses pay a percentage of their gross revenues in lease fees, residential lease fees that range from $100 per year to $3000 per year and sub-leases where a master leaseholder pays the lease fees and charge a marked up rate to sub-leaseholders (in condos and some neighborhood associations). Adding to the complexity is that many of us feel that SRIA provides oversight and services that have helped to make Pensacola Beach a unique place where businesses and residents co-exist in a resort community.

Some of the issues that the stakeholders on Pensacola Beach will need to address are:

Will we keep an active SRIA with a smaller footprint?
What services will a smaller SRIA provide?
What services on Pensacola Beach will Escambia County pay for with our tax dollars?
How soon can all this happen?
How would a smaller SRIA be funded?
How will reduction in lease-fees be passed along to sub-leaseholders?
If the County prevails in the land tax lawsuits, how will they determine the amount of $ to refund to residential and business leaseholders?

Pensacola Beach Advocates believes that we can and should start funding certain services through the County, and savings should be passed on IMMEDIATELY to leaseholders in reduced lease fees. We also need to ensure that where a Master Leaseholder is receiving the benefit of reduced lease fees, it passes that savings along to the Sub-lessees. At PBA's urging, the SRIA sent out a letter to all Master Leaseholders requesting information on the relationship between them and their sub lessees.

Our Government Affairs Committee is already collecting data and examining these issues. We will be working with the business community on Pensacola Beach to make sure all of our needs are heard. If you would like to contribute your time and talent to this important committee, please contact us. Also visit the News & Issues page on our website (www.pbadvocates.org) for more information on all of these taxation issues.

New Procedures for Bridge Pass Renewals - Car and Owner Must Arrive at SRIA Office

Fri, 21 Nov 2014 13:48:32 GMT

Article Courtesy of Island Times (www.myislandtimes.com) 11/11/2014

It’s time to renew your transponder. There are a few changes to the annual ritual, so please don’t wait until the last minute.

All non-renewed passes will go inactive on December 31. In order to renew, an application can be picked up or downloaded, and filled out as necessary. Then, the application, a form of payment and the vehicle must be brought to the SRIA Office at #1 Via de Luna. The need for the vehicle to be available is so personnel can affix a 2015 windshield sticker to the car. The Bob Sikes Toll Facility is undergoing equipment and software upgrades which may not be complete until May of 2015.

“Due to the updating of the tolling system, we need a way for the toll collectors to see the annual pass has been renewed,” said Cheryl Messier, who handles the Bob Sikes Toll Facility renewal for Escambia County. “Avoid long lines and renew early. Your car has to be present at SRIA.”

There will be a $2 charge for any transponder that is not properly attached to the windshield. “A lot of annual passes are being hand held,” said Messier. “Those will not be renewed unless they are attached.”

There are approximately 40,000 transponders total but only about 15,000 of those will be renewed during this time period. The cost to renew is $50 for personal vehicles and $70 for commercial vehicles. Cash, checks, money orders and credit cards are accepted for payment. Credit cards will incur a small bank fee.

The renewal office is located in the SRIA lobby and is open Monday through Friday from 8:30 a.m. until 5 p.m. The sales office will be closed on all Federal Holidays including Veteran's Day (Nov 11), Thanksgiving (Nov. 27- 28), Christmas (Dec 24-25), New Year’s Eve and New Year’s Day. New transponders will go on sale beginning Monday, January 5. The hours of operation will also be extended during January.

Applications are available at the Bob Sikes Toll Facility, SRIA office and online at http://sria-fla.com/toll-pass-information.php

PBA Commentary

The Bob Sikes Bridge is owned by Escambia County and all toll revenues go to Escambia County, not to the Santa Rosa Island Authority. The money is used to pay debt for bonds issued by the county to four lane Via de Luna in 2002. According to a Pensacola News Journal article on 4/28/2014, the County currently pays about $1.5 million annually toward this debt, including the $600,000 paid by the SRIA from our lease fees. The remaining $848,000 not covered by the SRIA is funded through toll revenue from the Bob Sikes Bridge. On 4/29/14 the County Commissioners voted to terminate the agreement with the SRIA requiring us to pay $600,000 of that debt. The entire $1.5 million is now being be paid with revenue from the bridge.

According to the Escambia County Comprehensive Annual Report for 2012, the Bob Sykes Bridge toll revenues were $3,454,000. $1.5 million went to pay bond debt and another $961,000 was spent for toll booth operations and maintenance, leaving a net profit of $1 million. Another source of revenue to fund SRIA operations after lease fees?

SRIA Candidate Summaries

Thu, 16 Oct 2014 12:41:45 GMT

Voters on Pensacola Beach will choose their elected representative on the Santa Rosa Island Authority during the General Election on November 4th. This is a non-partisan election. Make plans to vote – in person Nov 4th at the Beach Community Church or vote early starting Oct 20 at the Election Supervisor’s office or by absentee. You must be a resident and registered voter to participate in the election of this SRIA position. New voters can still register and vote in this election. Get more information on www.escambiavotes.com.

THOMAS CAMPANELLA

TERRY PRESTON

With so many accomplishments on Pensacola Beach, I honestly don’t know where to begin. I have been an island resident for over forty years and operated a dental practice for thirty-seven years. My wife, Debbie, has been a teacher for 26 years at Pensacola Beach Elementary. My daughter is a UWF marine biology graduate. My son is a lieutenant with Escambia County Fire Department on Pensacola Beach.

I, Thomas, am a former president of the original Pensacola Beach Residents and Leaseholders Association, former PTA President, church board member, Optimist Club member, one of the Krewe of Wrecks and PBYC founders, Elks member, PBA member, and Ivan survivor. But what is important is I have served the community for twelve years with the SRIA in an unselfish and unbiased manner. I have no special interests – not groups, individuals, or businesses.

Pensacola Beach is the “Public’s Playground”. We choose to live here and therefore must share our playground. All the beach development is done; parcels of land are allocated. Balance and preservation are now necessary - balancing tourism, business, leaseholder and residential interests while preserving our unique community style. Escambia County receives approximately one-third of its income from Pensacola Beach’s existence.

We lost our tax battle, fee simple ownership is on its way, and no one knows what the future holds. The Escambia County Commissioners - not the SRIA - are the ultimate decision-making authority. With the SRIA, I have forged and developed understanding among our Escambia County leaders. Combat is over; compatibility is emerging. We need experience more than ever as our governing style will certainly be changing.

As your elected SRIA Board Member I have strived to do my best and to do my duty for the community we cherish. To continue to protect and preserve Pensacola Beach please vote to re-elect Thomas Campanella for SRIA. Thank you!!!

It’s time for some new ideas on the Santa Rosa Island Authority, and I am the person who can think “outside the box.” I graduated from the US Merchant Marine Academy in 1978, received a Masters in Public Administration from UWF in 1992, and have spent over 35 years as a seagoing officer, program manager, EHS Director and business owner.

In 2009, I joined the Pensacola Beach Advocates. As a member of the Governmental Affairs committee, I attend SRIA meetings regularly. Even though we are now all paying taxes on improvements, and many are also paying taxes on land, no-one on the SRIA is advocating to the County on our behalf for a reduction in lease fees to offset the taxes that we are already paying. Instead, they plan to wait for the land lawsuits to play out.

We need to return to “Leave only your footprints” on the beach. Having been President of the PBA for the last year, I have been able to build consensus on issues like environmental protection with both residents and business owners.

My goals as your elected representative are:

Continue the push to end double taxation NOW. At a minimum, lease fees should be reduced immediately and some county tax dollars spent to fund SRIA operations.

Work with the county to define what the SRIA should become post-lease fees, while maintaining the levels of service that our visitors and residents currently enjoy.

Work with business and government to achieve environmental and aesthetic improvements so that we only leave our footprints in years to come!

For more information, please watch my three-minute video from the Meet the Candidates event on October 2. Or visit my facebook page.

Pensacola Beach Optimists Host Meet the Candidates Thursday October 2

Tue, 30 Sep 2014 14:30:17 GMT

(Article courtesy of Shelley Waters Johnson, www.myislandtimes.com)

Do you want to know more about the candidates? Are you registered to vote? The Pensacola Beach Optimist Club has you covered. They are hosting a Candidate Forum, Thursday, October 2 at 5:30 p.m. at the Pensacola Beach Community Church. Optimist Club President Carleen Wheeler announced that all candidates from the gubernatorial race to the one-elected Santa Rosa Island Authority seat have been invited to appear. The format allows three minutes for each candidate to address the beach voters. The candidate presentations will be followed by a proctored question-and-answer period. Attendees will be able to submit questions in writing at the meeting. Questions will be posed to candidates as time allows by Wheeler. “We want everyone to join us,” said Wheeler. “Hear the candidates and stick around for refreshments after the presentations are over.”

In addition to the Governor’s race, Beach voters will have an opportunity to choose the Florida Attorney General, Chief Financial Offi cer and Commissioner of Agriculture. Mike Hill and Jeremy Lau face off for State Representative in District 2. Escambia County Commission District 4 incumbent Grover Robinson, IV, is taking on challenger Michael Lowery.

In 1983 Pensacola Beach residents earned the right to vote for one delegate to the Santa Rosa Island Authority Board. Thomas Campanella and Terry Preston are running for the SRIA seat. There are over 2,400 registered voters on Pensacola Beach. During the August 26 Primary Election voter turnout was relatively low with 436 voters from Pensacola Beach casting ballots.

Getting registered to vote is easy. The League of Women Voters will be on hand at the Candidate Forum to register attendees. If you prefer, you can register online or in person at the Elections offi ce. Go to www.escambiavotes.com for forms or call 850-595-3900 for assistance.

The deadline to register is October 6. The Pensacola Beach Optimist encourages everyone to attend the Candidate Forum. It is open to the public at no charge.

Pensacola Beach Implements Ambassador Program

Sat, 06 Sep 2014 20:18:55 GMT

In the last two years the number of visitors setting up tent blockades on the Gulf side of the beach has increased significantly. Groups will setup large tents with chairs and coolers and beach coolers and leave their things in "their spot" overnight for an entire week.

Not only is this an eyesore but it is an impediment to turtles during their summer nesting season. The mama turtles can get tangled up in the beach gear and not make it to their nesting spot on the shore.

After getting input from the PBA Beachkeepers and an outcry from the people who patrol the beach for turtles and dawn each morning, the the SRIA has implemented a Beach Ambassador program to see if an informal education program could be effective with our visitors, instead of implementing another ordinance that restricts leaving any items on the beach after dark.

If you own rental property on the beach, please inform your guests not to leave their gear out overnight, to turn off bright lights at night during turtle season and not to leave big holes on the beach.

Thanks to Kimberly Blair with the PNJ who has done an excellent job of covering this and other important beach issues. You can read the full text of her article on the Ambassador program in the PNJ.com article.

Also if you want to read more about the sea turtles and see some videos of baby loggerhead sea turtles hatching visit the link below.

http://on.pnj.com/1oOHyZN

The article was written by PNJ reporter Kimberly Blair and the videos taken by beach resident, PBA member and turtle patroller DJ Zemenick.

PBA Survey Results

Thu, 04 Sep 2014 01:54:39 GMT

Earlier this year, the Pensacola Beach Advocates conducted a survey of its members on important issues for Pensacola Beach. The survey was mailed to all PBA members and Pensacola Beach leaseholders. It was also accessible via the PBA website. The results reflect the opinions of those who took the time to respond. Included in the respondents were residential and commercial leaseholders, PBA members, beach residents, and non-Beach Escambia County residents.

The majority of respondents feel that the PBA should focus its efforts the passage of fee simple title legislation to eliminate leaseholders’ double taxation and pursue the refund of lease fees from Escambia County that were paid in conjunction with taxes. Additionally, the survey showed that many believe it's important that the PBA help ensure that Pensacola Beach remains a quiet, peaceful and natural location for both residents and tourists. Restructuring the current form of two tier government (Escambia County and Santa Rosa Island Authority), pedestrian safety, and beach improvements should also be part of the PBA agenda. Less than ten percent thought that the PBA should spend time on increasing business and tourism on the beach.

When asked how should the SRIA prioritize the RESTORE funds it receives from the BP Oil Spill, 61% agreed that Gulfside beach re-nourishment and dune walk overs is the number one priority. Followed by (2) updating the storm water drainage on the island, (3) creating pedestrian friendly crossings, (4) upgrading core area with turtle friendly and pedestrian lighting, (5) stabilizing all shoulders on CR 399, (6) resurfacing all roads and parking lots on Pensacola Beach, (7) widening and deepening approach to Little Sabine Bay, (8) improving Gulfside Pavilion including seating and stage facilities, and (9) installing lights at Park West parking lot.

SRIA services are paid for by both residential and commercial lease fees. On a scale of excellent to poor, the SRIA received an average rating for administrative services such as policy, construction, code and fiscal management. Respondents were split among good and average for street and bike path maintenance. This category actually received the highest poor ranking (19%). The SRIA earned a good rating from the majority of respondents for Emergency Management communication; beach appearance and amenities such as landscaping and parks; and the cleanliness of the beach, streets and parking lots. Fifty-four percent of the respondents agreed that the SRIA is doing an excellent job with water safety and 48% awarded an excellence rating to beach events hosted by the SRIA such as Bands on the Beach and the Blue Angels Air Show.

Most everyone interacts with the crosswalks on Via de Luna, either with a car or on foot, and 64% of respondents feel that for everyone's safety the crosswalks need to be illuminated with flashing lights. There was a strong sentiment in the comments section for this question that someone was going to get killed because the crosswalks are dangerous due to lack of lighting, lack of understanding of the law by drivers, and lack of enforcement by the deputies.

Finally, when asked if changes should be made to Ariola Drive to alleviate parking congestion and safety concerns, 36% want no changes, but 64% believe there should be some kind of change -- from painting a white line to demarcate south side parking only (29%), to eliminating all parking on Ariola or making Ariola one way with the Avenidas fully cut through (14% each). Of note were the 7% who offered additional suggestions such as "No parking on Ariola unless issued a guest pass from a resident," "Add more consistently and evening spaced 'No Parking on this side of street' signs," and "Only residents of Ariola Drive should have input on this."

The PBA will continue to ask for beach resident and leaseholders input throughout the year using such vehicles as surveys and social media.

Beach Residents to Choose their elected SRIA Board Member on November 4th

Fri, 29 Aug 2014 15:03:32 GMT

Voters on Pensacola Beach will choose their elected representative on the Santa Rosa Island Authority during the General Election on November 4th. This is a non-partisan election. The Santa Rosa Island Authority is comprised of six members. Five are appointed by an Escambia County Commissioner and one is elected by the voters of Pensacola Beach every two years. The elected position can only be filled by a Pensacola Beach resident. The Santa Rosa Island Authority’s composition was amended from five appointees to include a sixth elected member in 1983 by the State Legislature. Pensacola Beach businessman McGuire Martin won the first election.

Dr. Thomas Campanella is the incumbent and will face Terry Preston in the November 4^th General Election.

Dr. Campanella, a local dentist, has been on the SRIA Board for 12 years and lives in Villa Sabine. Terry Preston, a safety and environmental specialist and leasesholder since 1979 is currently serving as the President of Pensacola Beach Advocates. Look for more information on each of the candidates in upcoming newsletter.

The Santa Rosa Island Authority’s composition was amended from five appointees to include a sixth elected member in 1983 by the State Legislature. Pensacola Beach businessman McGuire Martin won the first election.

Beach residents did not have any elected representation on the SRIA until 1983. It is important that we all exercise this important right to choose who represents us. Make plans to vote on November 4^th – in person at the Beach Community Church, in person at the Election Supervisor’s office or by absentee. You must be a resident and registered voter to participate in the election of this SRIA position. Get more information on www.escambiavotes.com.

PBA Annual Meeting Scheduled for October 20 2014

Wed, 27 Aug 2014 15:00:39 GMT

The Pensacola Beach Advocates will hold our annual meeting on October 20 2014 at the Pensacola Beach community church from 5:00pm to 7:00pm. Elections for the PBA Board of Directors will be held. If you are interested in serving on the PBA Board as an office or as a director, please contact Liz Waters Hewson by email at elizabethkhewson AT gmail.com.

PBA Asks Florida Senators to Support Fee Simple Legislation

Sun, 24 Aug 2014 16:34:43 GMT

Recently PBA President Terry Preston contacted US Senators Bill Nelson and Marco Rubio encouraging them to sponsor a bill in the Senate that would grant leaseholders on Santa Rosa Island with fee simple title. A companion bill was sponsored by Congressman Jeff Miller in February where it did pass the US House.

At this point the County and the SRIA don't have plans to reduce lease fees to a nominal amount ($1) until all of the pending tax lawsuits are still active. There is still an active lawsuit by the Portofino homeowners.

Please take a few minutes to send an email to our Florida Senators asking them to consider this legislation during their short session after Labor Day. Contact info is at the bottom of this article. You may want to also contact Jeff Miller to thank him for his efforts.

And we thank the current and past PBA board members who worked with the local government leaders to draft this legislation two years ago in preparation that we could lose our appeals in the Supreme Court.

Here is the letter that was sent to both Senators.

As President of the Pensacola Beach Advocates, I would like to urge you on behalf of our

450 members and the 3800 Pensacola Beach leaseholders, to sponsor a companion bill in the Senate to H.R2954, the Santa Rosa Island Title Fairness and Land Preservation Act. At our urging and that of our local government officials, Congressman Jeff Miller sponsored this legislation and it passed the House of Representatives on February 6, 2014 and was referred to the Senate on February 10, 2014. It has since been referred to the Senate Energy and Natural Resources Committee, who have taken no action.

Since passage of H.R. 2954, we have been notified by the Florida Supreme Court that taxation of our leasehold improvements will stand, leaving many on our small island with significant tax bills, continuing lease fees, and no ownership of the property that they are being taxed for. This bill would allow our local government to convey fee simple title to the developed leaseholds on Santa Rosa Island, thus paving the way to end leases and reduce the burden of double taxation on many residents, some of whom are on fixed incomes.

This bill also remedies some issues that are silent in the legislation that originally conveyed Santa Rosa Island to Escambia County. It guarantees that all public lands that are currently held for conservation, recreation or preservation will continue so in PERPETUITY, thus preventing our beautiful natural island resources from being developed in future years. Please take action to pass companion legislation in this Congress and prove to your constituents that we have a Congress that can take bipartisan action!

Regards,

Terry Preston
President, Pensacola Beach Advocates

Contact Senator Marco Rubio: http://www.rubio.senate.gov/public/index.cfm/contact

Contact Senator Bill Nelson: http://www.billnelson.senate.gov/contact-bill

Contact Congressman Jeff Miller: https://jeffmiller.house.gov/contact/contactform.htm

Interest Rate on unpaid taxes will increase by 50% on July 25th

Sat, 21 Jun 2014 13:47:00 GMT

Escambia County Tax Collector Janet Holley just reported that the tax bills will be mailed to Pensacola Beach residents on June 25. The deadline to pay the taxes - which were previously the topic of a court battle - is July 25. On July 26 the interest owed will jump from 12% to 18%.

Supreme Court Denies Motions on Taxes on Improvements

Fri, 23 May 2014 18:38:11 GMT

Today the Supreme Court denied the motions we filed on the Pensacola Beach Taxes on Improvements. The lawyers representing all plaintiffs will be sending letters to all of the clients in both cases.

They will be asking for permission to dismiss all of the improvements cases in Escambia County (2009, 2010, 2011, 2012, and 2013) since they are now superceded by this decision.

They will also be advising all clients that if you have not paid the taxes, do so now. Interest will jump from 12% through June 21 (probably extended until Monday, the 23rd), to 18% -- calculated from the beginning.

The attorneys will also advise their clients on their chances of success in the outstanding lawsuits challenging the taxes on the land. If you do not receive a letter within the next week, you should contact your attorney's office.

Take a Survey about important Pensacola Beach issues

Thu, 03 Apr 2014 13:47:31 GMT

PBA mailed a printed survey with our March 2014 newsletter to 3500 leaseholders in March. The survey is open to all stakeholders on Pensacola Beach - regardless of your membership status in Pensacola Beach Advocates. Tell us what issues are most important for us to work on this year. We will close the survey on April 30th.

The survey is available online at https://www.surveymonkey.com/s/8Q7DJQN

Beach Tax Attorney Files Clarification Motion with FL Supreme Court

Thu, 03 Apr 2014 13:30:29 GMT

In a letter to the Pensacola Beach Tax Case Liaison Committee, attorney Danny Kepner says:

In accordance with the decision of the majority of the Committee on Friday, I will be filing a motion in the Florida Supreme Court for clarification of the March 20, 2014 ruling. Under court rules, such a motion must be filed no later than Friday, April 4, 2014.

Filing such a motion will suspend the finality of the March 20th ruling until the Court rules on our motion. Once we have filed it, the opposing attorneys will have 10 days within which to file a response.

The focus of the motion will be the fact that the Court has indicated some of your leases provide for perpetual renewals, but has given no guidance as to which leases are in that category. Since we still have cases pending related to taxation of the land on Pensacola Beach (2011 and 2012) this needs to be clarified.

While the odds may be against us in obtaining the clarification, the Liasison Committee and our firm believe the potential benefit justifies this effort.

Once the Court rules on this motion, all of our clients will be required to pay all of the unpaid tax on improvements (plus 12% simple interest) for years 2004 - 2012 within 30 days of the ruling, failing which, interest on all unpaid balances will increase to 18% per annum. We anticipate that a ruling on this motion would come within the next 6-8 weeks, but cannot predict the timing with certainty.

Very truly yours

Danny L. Kepner

Motion Filed by Attorney on 4/4/14

PBA 2014 03 31 - Shell Fleming Filing Motion for Clarification.pdf

The two opinions may be found here:

1108 Ariola v. Jones (Pensacola Beach improvements): http://www.floridasupremecourt.org/decisions/2014/sc11-2231.pdf

Accardo v. Brown (Navarre Beach land and improvements): http://www.floridasupremecourt.org/decisions/2014/sc11-1445.pdf

What has PBA done for you lately?

Wed, 02 Apr 2014 01:02:40 GMT

This article was published in the printed March 2014 newsletter sent to all residential and commercial leaseholders.

Worked with County and Congressman Jeff Miller to draft “Fee Simple Title” legislation to be ready in case of leaseholders losing tax litigation.
Kept our members updated on beach tax litigation. We notified everyone in our contact list about Tax deadlines and the Supreme Court decision the day the opinion was issued.
Acted as a “watchdog” in the SRIA’s annual budgeting process to assure that residential lease rates would not be increased. This saved PB residential leaseholders $250,000 for the fourth year in a row. This may have saved you 10% per year increase in your lease fees .
Worked with Escambia County and beach businesses to pass a new Noise Ordinance that restricts noise levels in residential neighborhoods.
Helped draft a Sea Turtle Lighting Ordinance that was passed by Escambia County. This will gradually darken the light footprint on the island to help protect nesting sea turtles and their hatchlings. It also puts Pensacola Beach in compliance with new FL Dept of Environmental Protection rules, thus allowing for sand re-nourishment of our eroding beaches.
Sponsored annual Earth Day Island Style event with sea turtle education, recycling, free document shredding and a community yard sale.
Worked with the Tourism Board to set up an independent Visit Pensacola board to better market the Pensacola Area with the millions of dollars each year from the Bed Tax.
Collaborated with Pensacola Beach Chamber to propose beach projects to Escambia County RESTORE Committee for spending BP Oil Spill dollars coming to Escambia County.
Worked with the SRIA to get a special $500,000 BP grant to buy the Eco-Tourism Trail signage throughout the Beach and fund advertising to promote the Beach in the shoulder seasons.
Notified members about potential BP claims available to some homes.
Worked with the local community to stop a trashy reality show from filming on Pensacola Beach this Spring.

Please consider joining if you are not a member. Visit www.pbadvocates.org/join

FL Supreme Court Approves Beach Taxes

Wed, 02 Apr 2014 00:58:22 GMT

In a pair of unanimous opinions issued on March 20, 2014, the Florida Supreme Court approved of the county’s assessment and collection of ad valorem real property taxes for certain leaseholds on Santa Rosa Island. The Court found that Pensacola Beach leaseholders have “virtually all the benefits and burdens of ownership.” This effectively makes them the private owners subject to property taxation. The cases largely put to rest the decades long debate over beach leasehold taxes. Visit our website for more information and links to the two recent court opinions.

With these rulings, the tax collector will soon begin efforts to collect any outstanding property taxes. The beach leaseholders’ lawyers will seek a reasonable grace period before enforcement efforts begin and try to negotiate the assessed interest payments. The lawyers will also consider and advise us whether they will seek a rehearing by the Florida Supreme Court or whether they will continue to challenge the assessment of taxes on the land (the Court’s decision specifically address Pensacola Beach improvements and not land taxes). However, to avoid additional interest accruing or the sale of tax deeds, Pensacola Beach leaseholders should consult with tax professionals and prepare to pay any outstanding real property taxes due. And as the lawsuit challenging the 2013 taxes was late and likely will be dismissed, everyone should pay their 2013 property taxes by the March 31, deadline.

With these rulings, Pensacola Beach Advocates will invigorate its efforts to ensure Pensacola Beach leaseholders are not subject to a de facto double taxundefined from real property taxes and lease fees. We will work to eliminate the lease fees and obtain refunds of past double payments. We will talk to local leaders and continue to push the U.S. Senate to pass legislation like the Public Access and Lands Improvement Act (H.R. 2954) that would allow leaseholders to purchase their land fee simple, which passed the U.S. House of Representatives on Feb. 6, 2014.

Attend the PBA Town Hall meeting on April 14th to learn more.

Pensacola Beach says No to CMT Reality Show

Tue, 25 Mar 2014 15:02:11 GMT

A Country Music Television reality TV show was planning to film on Pensacola Beach for two months during Spring Break. At first it sounded like a great way to bring jobs and showcase our. When we first heard about the show, PBA did some research and talked with people from Murrell’s Inlet, a small community in South Carolina where CMT filmed "Party Down South" last year. The more we learned, the less impressed we were. It turns out that "Party Down South" is a trash reality show with excessive drinking, nudity, profanity and just bad behavior.

We asked SRIA to add the show to a committee meeting. The Board listened to our concerns. Even though they didn't have a legal way to prevent the show from coming to the beach, they did send a strong letter saying that all local laws and ordinances would be strictly enforced.

It was amazing how quickly the community came together - PBA, the SRIA, county commissioner Grover Robinson, Gulf Breeze and Pensacola communities and many Beach businesses. The community sent a very clear message to 495 Productions that they were not welcome on Pensacola Beach. Within a week the issue came and went. Thanks to Innisfree Hotels for taking a stand. Their refusal to rent rooms to the entire cast probably had the most impact.

You can thank all the businesses who took a stand and said our image was more important than the money - by spending your money on the beach this Spring and Summer.

FLORIDA SUPREME COURT RULES AGAINST LEASEHOLDERS

Thu, 20 Mar 2014 17:35:47 GMT

Today, March 20^th, the Florida Supreme court ruled against the leaseholders on Pensacola Beach and Navarre Beach, and ruled that both the land and improvements of the leased properties are subject to ad-valorem taxes.

For leaseholders, this means that all unpaid property taxes and interest will be payable. Leaseholders are reminded to pay their 2013 real estate taxes by March 31^st to avoid penalties.

PBA will work with Escambia County officials and the Santa Rosa Island Authority to resolve the issues that will now need to be addressed, including the elimination of lease fees, refunds of lease fees paid while we were “double taxed”, and the future of the SRIA.

If you want to read the rulings, go to www.floridasupremecourt.org and click on Case SC11-2231, the Pensacola Beach ( Ariola) case involving taxation of leased improvements, and Case SC11-1445, the Navarre Beach (Ricardo)case involving taxation of leased land.

Say No to Party Down South Media Coverage

Tue, 04 Mar 2014 16:51:18 GMT

Party Down South – Not On Pensacola Beach

Wed, 26 Feb 2014 17:36:54 GMT

March 3, 2014 Update: This reality show is not coming to stay or film on Pensacola Beach. Thanks to SRIA Board Chair Tammy Bohannon and our County Commissioner Grover Robinson for taking a stand on this. And thanks to the greater Pensacola community and the businesses on the beach who took a stand.

The Board of Directors of PBA wants to make our members and the beach community aware of a trashy reality show that is considering Pensacola Beach for filming this Spring. Apparently the producers of "Party Down South" have been in discussions and negotiations with various entities in our community, but it has all been kept very quiet. The first season was filmed in a quaint beach community much like ours -- Murrell’s Inlet, South Carolina -- and it was a very unfortunate experience for residents, locals and tourists alike.

"Party Down South" is a trashy, sordid show featuring eight young adults who drink and bed hop to excess while in front of the camera, and who were reported to have been verbally abusive and offensive in restaurants as well as to residents. It is in our opinion that a reality show like this will do nothing but damage our community's image. It will not reflect well on the upscale family oriented community that we truly are on the beach, and in fact, is polar opposite to a community that supports a nationally honored and recognized elementary school.

Over the past 20 years, the Greater Pensacola area to include Gulf Breeze and Pensacola Beach, has been diligently working to court businesses to bring jobs to boost our economy beyond tourism. Again, it is in our opinion that being associated with a show like this could derail any such future development. A temporary economic gain that hosting a show like this allegedly brings to a community could result in a tremendous loss in the long run.

One of our board members contacted the County Councilman who represents Murrell Inlet in Georgetown County. Councilman Jerry Oakley shared that "the crew and cast of 'Party Down South' turned their small beach community into a six week living nightmare." When the producers of "Party Down South" asked permission to return to Murrells Inlet, the answer was "no" and Georgetown County now has a very protective filming ordinance, not just for Murrells Inlet but for the entire county.

We ask that you do your research on this show, the cast and the crew. We have provided a multitude of links and you can come to your own conclusion.

Local reporter Kimberly Blair has written two articles in the "Pensacola News Journal "this week.

http://www.pnj.com/article/20140225/NEWS09/302250008/Kimberly-Blair-Party-Down-South-eyes-Pensacola-Beach-for-sordid-reality-show

http://www.pnj.com/article/20140226/NEWS09/302260016/Raunchy-reality-show-Party-Down-bound-for-Pensacola-Beach?nclick_check=1

If you are curious as to the content and advertising regarding the show, here is the website for the CMT reality show – also known as “The Dirty South”.

http://www.cmt.com/show/party-down-south/series.jhtml

Here is a link to a Facebook Page that was created by the community of Murrell’s Inlet to document how bad this was.

http://www.facebook.com/refused.reality.release

Read this page and also the links to other article that were written by the local press in South Carolina, including a most recent development about one of the cast members being arrested for theft.

http://m.myrtlebeachonline.com/?cu=spreed%3A%2F5851085%2F27891233

http://www.weeklysurge.com/2014/01/15/3960528/party-down-south-goes-head-to.html

http://www.wbtw.com/story/24438794/murrells-inlet-tv-show-party-down-south-to-debut-wednesday

http://www.wbtw.com/story/22972326/controversey-heats-up-over-reality-show-filming-in-murrells-inlet

http://www.coastalobserver.com/articles/2013/080813/1.html

http://www.savingcountrymusic.com/cmt-whores-itself-with-new-party-down-south-show

http://www.myrtlebeachonline.com/2013/12/20/3915353/party-down-south-reality-show.html#storylink=cpy

http://m.myrtlebeachonline.com/?cu=spreed%3A%2F5851085%2F27891233

A Facebook Page started today for people in Pensacola to post their concerns

https://www.facebook.com/pages/Locals-Against-Party-Down-South-in-Pensacola/708000069252398

Important Tax Lawsuit Information

Mon, 17 Feb 2014 14:15:52 GMT

All Pensacola Beach leaseholders who are a party to residential ad-valorem tax litigation should have received a letter dated January 30, 2014 from the law firm Shell, Fleming, Davis and Menge regarding 2013 property taxes and the ongoing beach taxation lawsuit. In short, our attorney failed to file the 2013 lawsuit in time. Their report details actions that leaseholders must take to preserve their rights in the prior suits from 2004-2012. Please read the letter and plan to take action ASAP to preserve your rights in the suits filed from 2004-2012.

Another letter was sent on February 14, 2014 to all members of the lawsuit regarding "Waiver of Conflict of Interest for Continual Representation". If you think you are a party to the lawsuits (2004 - 2012) and did not receive either or both of these letters, please contact the law office at 850-453-1074.

View the Jan 30th Letter

View the Feb 14th Letter

Look up your current and past tax bills on Escambia County Tax Collector website

Visit the Beach Taxation Litigation Website (not updated with this info yet)

Missed deadline, big headache for Pensacola Beach residents - PNJ article

Fri, 07 Feb 2014 15:35:15 GMT

Missed deadline, big headache for Pensacola Beach residents

Some residents got the bad news this week that they may have to pay property taxes

from pnj.com 2/7/14. Article by Kimberly Blair

Pensacola Beach leaseholders who are plaintiffs in one of several lawsuits challenging the legality of paying taxes on improvements on their land or on their vacant lot were dealt a blow this week.

Their attorney, Danny Kepner with the Shell, Fleming, Davis & Menge law firm, notified them he missed an important deadline undefined by one week undefined on Dec. 6. The deadline was for refiling the lawsuit that’s been ongoing since 2004.

That caused the 2013 lawsuit to be dismissed.

And plaintiffs who have been withholding paying taxes because of the lawsuit must pay their 2013 taxes by the end of the business day on March 31, leaving some leaseholders scrambling to each come up with $2,000 or more by the deadline.

“I made a mistake,” Kepner said. “We know we have a 60-day deadline from the day the property appraiser certifies the tax roll. It’s a requirement of the law we met nine straight years.”

Kepner explained that late last year he looked at the date on a website, noted the date and was off by one week, causing him to file the lawsuit on Dec. 13.

He’s strongly encouraging his clients to pay their taxes so as to not jeopardize claims in previous lawsuits.

Kepner’s law firm is one of several representing residential and commercial beach leaseholders contesting the taxes that Escambia County Property Appraiser Chris Jones is assessing on the improvements on their leased property or on the land.

The firm represents the largest group of plaintiffs who hold leases on 2,147 properties as of 2012, Escambia County Tax Collector Janet Holley said.

Plaintiffs drop off and sign on to the lawsuit each year, so it’s unclear exactly how many would have been part of the 2013 lawsuit had it not been dismissed, Kepner said.

His office sent letters about the mistake to leaseholders of roughly 2,007 pieces of beach property.

But based on 2012 records, Holley said, of the 2,147 properties, 554 leaseholders withheld payment of their taxes and 1,593 paid.

The value of the unpaid taxes is $2.1 million, she said. Taxes paid by plaintiffs totaled $5.4 million.

Kepner said he also missed the deadline on another 97 undeveloped properties that are part of a lawsuit filed in 2011.

Of those, $110,000 worth of taxes was not paid on 65 vacant lots and $229,000 worth of taxes was paid on 32 vacant lots in 2012, Holley said.

Jim Cox, who recently moved from Pensacola Beach, has fully paid his taxes on the primary residence and several investment properties he sold on the beach in 2013.

He has been a client of Kepner’s in the taxation lawsuits since 2004.

He pointed out that the full impact of the missed deadline won’t be known until the Florida Supreme Court rules on the beach tax issue.

The ruling is expected any day.

“If the Supreme Court rules either the land or the improvements are not subject to taxes, that will have an impact on the people,” he said.

Such a ruling could pave the way for people who are part of lawsuits and paid taxes between 2004 and 2013 to receive refunds, depending on what the judges decide, Cox said.

But none of Kepner’s clients are qualified for refunds for their 2013 taxes.

And more troubling, people who miss the March 31 deadline for paying their 2013 taxes will suffer the greatest losses.

They will be dismissed from all lawsuits they’ve been party to dating back to 2004.

“If the Supreme Court rules in favor of leaseholders (not upholding taxation) they will have lost their right to recoup their taxes,” Cox said.

Terry Preston, president of Pensacola Beach Advocates, said she and most people she knows have been paying their taxes to avoid a 12 percent annual fee that will be tacked on to back taxes should the Supreme Court uphold taxation.

She described the law firm’s mistake is a tragedy.

“We’ve had such good service from them, and they’ve been right on top of things,” she said. “It’s too bad.”

Cox is worried Kepner’s mistake could lead to malpractice lawsuits.

“Me personally, my heart goes out to him,” Cox said. “He’s been very good about being upfront and taking the blame. He’s a good soldier. I feel bad for him because he’s fought this for nine years, and because of a clerical error, if the Supreme Court rules the land and improvements are not taxable, some people will suffer.”

Follow Kimnberly Blair at twitter.com/kblairPNJ or facebook

.com/kimberlyblairpnj.

Fee Simple Title Legislation Passes in US House

Fri, 07 Feb 2014 15:26:55 GMT

On September 9, 2013 we posted a blog article about HR 2954, a bill introduced by Jeff Miller to make fee-simple titles available to leaseholders on Santa Rosa Island. The PBA has been pushing the local and state officials to avoid double taxation situation that we are currently facing. View 9/9/13 blog article.

On February 7th, the Pensacola News Journal reported that the US House of Representatives approved a bill Thursday that would allow residents of Navarre Beach and Pensacola Beach on Santa Rosa Island to secure titles to their leasehold land and pay property taxes on it. The bill, sponsored by Rep. Jeff Miller, R-Chumuckla, now heads to the Senate. Please note that the PBA's position on the concerns voiced by the opposition to this bill abut giving away "public lands" are incorrect.

Read actual House Bill

----------------------------------------------------------------------------------------------------------
Shown below is the article from 2/7/13 PNJ.

House: Santa Rosa Island leaseholders can get titles to land

Feb 7, 2014 - PNJ.com Kimberly Blair and Ledyard King

WASHINGTON undefined The House approved a bill Thursday that would allow residents of Navarre Beach and Pensacola Beach on Santa Rosa Island to secure titles to their leasehold land and pay property taxes on it.

The bill, sponsored by Rep. Jeff Miller, R-Chumuckla, now heads to the Senate, where White House concerns about access to public lands could scuttle its chances.

The measure was requested by officials from Escambia and Santa Rosa counties. Miller’s bill would remove restrictions in the original 1947 deed barring Escambia County from issuing titles to land on Santa Rosa Island.

“This is a simple solution to a very important property rights issue in northwest Florida,” Miller said on the House floor before Thursday’s 220-194 vote as part of a larger bill involving several tracts of public land around the country.

Miller called it a “fairness issue.” He said the legislation would permit lease holders the option of attaining fee-simple title to their property “while also protecting current agreements governing conservation, preservation, public access and recreation.”

In addition, the measure would help ease management of Santa Rosa Island by allowing conveyance of certain land currently owned by Escambia to the island, Miller said.

The measure drew opposition from the Obama administration and some Democrats who are concerned the changes would revive a once-discussed proposal to reopen the Navarre Pass.

Arizona Democrat Raul Grijalva said removing long-standing restrictions could cause access issues and potential damage to the barrier island’s resources.

“This land is public land, not land to give away, then to be dredged and used for a harbor for potential windfall profit,” he said.

Miller called those reports “absolutely incorrect” and disputed Grijalva’s characterization as anti-environment.

“This bill does not remove any protections from Santa Rosa Island,” he told Grijalvaon the floor. “Rather, it restates those protections that are currently in place with Santa Rosa County and Escambia County that is critical to this barrier island.”

Dan Brown, superintendent of Gulf Islands National Seashore, said Thursday night that Miller’s statement is “absolutely incorrect.”

The bill does not adequately define the lands that are to remain in public ownership and protected from development, as intended by the Act of July 30, 1946, he said.

And the bill does not reference the exact dates on current land planning documents for both counties that call for protecting the lands in conservation or limited public recreational use, he said.

“That means at any time in the future the county can choose to rezone the land or change the definition of what type of activities are allowed on conservation land,” he said.

That would open up an opportunity to take the lands out of conservation and sell them and develop them, he said.

“I don’t think that’s the intention of the current County Commission,” he said. “I think Miller and the county commissioners believe this law is preserving the lands in perpetuity. If you look at the bill with a lawyer’s eye, it absolutely does not do that.”

“And there is nothing in Santa Rosa County’s land plan that prevents the Navarre Pass from being dredged,” Brown said.

The pieces of land in question are:

• The area from Santa Rosa Sound to the Gulf of Mexico between Portofino Resort and east to the seashore’s Santa Rosa Area border, which includes University of West Florida’s 152 acres.

• Navarre State Park that borders Eglin Air Force Base, the site where there have been many efforts to cut a pass from the sound to the Gulf.

Department of Interior tried unsuccessfully to have the bill amended to assure public beach access in perpetuity at public parking and beach access corridors. And to ensure all lands zoned in preservation and conservation/recreation as of Aug. 1, 2013, remain in that status and in public ownership into perpetuity.

And it asked for measures that would prevent the dredging of Navarre Pass, along with having the opportunity for the lands held in conservation/recreation be donated to the National Seashore.

Pensacola Beach Resident Freddie Falgout, who owns two houses on the beach, one since 1957, supports the bill.

“I hope it goes through,” he said. “I cannot say enough about how happy I would be if we were paying taxes and owned our land and not leasing it. I would be a big asset to all the home owners.”

The House vote comes as local officials await a Florida Supreme Court ruling on whether county-owned land on Santa Rosa Island, and leaseholders’ homes, condominiums and town homes, can be taxed.

The court is expected to rule on two cases.

One was brought against the Escambia County Property Appraiser’s Office for taxing improvements on 2,400 properties on Pensacola Beach. The other was brought against the Santa Rosa Property Appraiser’s Office for taxing land and improvements on roughly 850 pieces of property on Navarre Beach.

Earth Day Island Style 2014 - Community Yard Sale and More

Wed, 22 Jan 2014 16:02:24 GMT

Earth Day...islandstyle

Saturday, May 3, 2014

8:00 a.m. to 3:00pm

Pensacola Beach, Florida--Casino Beach Parking Lot, West End (Near Ft. Pickens Road Entrance)

Download Event Flyer

Free Paper Shredding

We have contracted with Gilmore Services to provide a shredding truck and operator. Anyone may bring 50 lbs. of household documents to be shredded. No business may participate. Just drive up to the truck and your documents will be unloaded and shredded.

Community Yard Sale

We will once again host another community yard sale called ‘Junque in Your Trunque’. All sellers must register in advance and we can accommodate up to 50 sellers. The cost to have a table is $20 for non-members and free to paid members of PBA.

Anyone interested in selling may register online at the Pensacola Beach Advocates' website (pbadvocates.org) and pay with Pay Pal.

Download Yard Sale Registration to register via paper and check

Applications are also availbale at the Pensacola Beach Visitor's Center or the Island Times Newspaper. Once completed, the application can be dropped off at the Visitor's Center or mailed to PBA, PO Box 1261, Gulf Breeze, Florida, 32562. You MUST complete and submit an application to sell.

At ‘Junque in Your Trunque,’ you may sell household items; no retail, arts/crafts, consumables, plants, animals or hazardous material. All items sold must be allowed by law. Additionally, we would like to expand the items to be sold to include surf boards, paddleboards, wet suits and others items used to enjoy the beach. Each seller will be assigned a parking space where you will pull in your vehicle and sell your items from the rear of your vehicle. Bring a table to display your items. If you plan to bring a trailer you must advise us in advance.

Donations

Goodwill Easter Seals will be on site for anyone wishing to make donations, whether or not you are a seller in the Yard Sale. For sellers, they will take items you do not sell if you would like to donate them. They accept all household items, clothing, toys, as well as computers and related electronic, small household appliances such as irons, toaster ovens, microwaves and TVs. An attendant will be on hand to receive the items and issue receipts.

ECUA Recycling Information and Children’s Artwork Display

ECUA will be on site with their beautiful new recycling truck and giveaways to promote free recycling on

Pensacola Beach. Artwork from the Pensacola Beach Elementary School Art Contest will be on display.

Turtle Conservation Center

From 11:00 am until 3:00pm we are hosting a Sea Turtle Homecoming on the stage at Casino Beach Stage. This is a celebration of our sea turtles who return to nest. This is a fun, educational event to increase awareness of how we can coexist with these amazing visitors and still enjoy our beach. There will be family fun activities, games and contests, and information for children and adults.

Beach Nesting Birds

From 9:00 am to Noon at the Gulf Side Pavilion we will have information and kids' activiites regarding nesting shore birds, presented by Audubon Florida.

Santa Rosa Island Proposed Noise Ordinance

Thu, 16 Jan 2014 19:29:51 GMT

The SRIA and the County Attorney's Office have prepared an amendment to separate the areas outside the core area from the core area for noise levels allowed. It has been approved by the SRIA Board and sent to the Board of County Commissioners for consideration.

A public hearing is scheduled for Jan 16, 2014 at 5:34 pm in Board of County Commissions Meeting Room, 221 Palafox Place, first floor to consider the adoption of the ordinance changes which provide for:

1. The areas outside of the core to be limited to maximum of 65 dbA 7:00 am to 10:00 pm and a maximum of 55 dbA from 10:00 pm to 7:00 am.

2. The core area will remain the same, a maximum of 70 dbA, 24 hours a day.

Please support its adoption. Come to the public hearing and let others know about it. Attached is the draft ordinance with the proposed changes underlined. The map on page 4 defines the two areas.

For more information, contact PBA member and former board member Ray Ascherfeld at 850-934-8977.

How to Renew your PBA Membership Online

Tue, 03 Dec 2013 17:48:56 GMT

2014 Membership dues are payable now. Your 2013 membership dues expire on 12/31/2013. Anyone who has paid dues since Sept 1st is current for 2014.

New members can join online on this website - you can pay online or a mail a check after creating your profile. Join Now.

How To Renew

If you receive periodic emails from PBA, then you are in our database. Your user id is your email address. To renew or update your membership at this website you have to login and view your profile.

Enter your email address in the teal box at the top right of the screen. If you do not know your password, click the Forgot Password link. Enter your email address and the code displayed in the form. You will get a Password reset email. Follow the instructions to reset.
Once you have logged in successfully click View Profile link in upper right corner of the screen to update your member/contact information.
There is a button in the lower right part of the screen to renew your membership. We accept payments via Paypal. You can use your credit to pay your membership even if you do not have a Paypal account.

To pay by check, send a check payable to Pensacola Beach Advocates for $30 to PO Box 1262 Gulf Breeze, FL 32562. New members should include a phone number and email with their checks.

Residents petition SRIA for quieter neighborhoods

Thu, 21 Nov 2013 14:48:54 GMT

BY PAM BRANNON Gulf Breeze News news@gulfbreezenews.com

If Escambia County agrees with the Santa Rosa Island Authority, Pensacola Beach may soon have new noise ordinance for residential areas. Currently the only noise restrictions are not to exceed 70 decibels anytime of day or night anytime on the beach. But last week the Santa Rosa island Authority decided to ask the county to approve a new noise ordinance for residential areas. Read full article: http://news.gulfbreezenews.com/node/96943

PBA 2013 Annual Meeting Minutes

Thu, 21 Nov 2013 14:48:08 GMT

The 2013 PBA Annual Membership Meeting was held on Monday, October 21st at the Beach Community Church Hall. Members voted on a change to their By-laws, heard from Attorney Danny Kepner on the tax lawsuit, about Flood Insurance, Fee Simple Title, Restore Funds and an idea for improvements to Park West. Read Meeting Minutes

PBA Welcomes New President

Wed, 09 Oct 2013 12:37:36 GMT

On September 5th, the PBA Board of Directors unanimously elected Terry Preston as the new PBA President. Terry, who currently serves on the PBA Board, was one of the first female graduates of the US Merchant Marine Academy in 1978, and bought her house on Pensacola Beach in 1979. After a career that included sailing on coastwise tankers, managing the Environmental department of the Naval Aviation Depot and Directing the Environmental, Safety and Quality departments for Atlantic Marine’s Alabama Shipyards, she returned to her island home in 2007 and runs her own EHS consulting business. Jim Cox, who served as President for the past 5 years, has moved to Gulf Breeze. He is still very interested in Beach issues and plans to stay involved with PBA.

Fee-Simple Legislation Introduced to Congress

Mon, 09 Sep 2013 12:42:05 GMT

As you know, all our Pensacola Beach properties are leased from the County. Everyone else in the County owns their property, called fee-simple ownership. If the Florida Supreme Court rules that our land and leasehold improvements are subject to ad-valorem taxation, then the Escambia County has committed to provide fee-simple title to Beach leaseholder, so we will have a title just like all other Escambia citizens and businesses. However, since the original deed from the U. S. government contains restrictions on Escambia County’s ability to transfer title to any land on Pensacola Beach, it will literally require an act of Congress to change the original deed.

In August, U. S. Representative Jeff Miller introduced “HR 2954”, a bill to allow Escambia and Santa Rosa Counties to make fee-simple title available to leaseholders. A sponsor for the Senate is still needed to get the legislation into that chamber’s agenda. The process in Congress will probably take two or three years.

So IF the Florida Supreme Court rules against the leaseholders and says both the land and improvements are subject to ad-valorem taxation, and IF both houses of Congress pass legislation, leaseholders should be able to obtain fee-simple title to their property. The draft Federal legislation includes a provision saying that any profit the County makes on the transfer of fee-simple title would revert to the Federal government. The County’s current intention is that they would transfer title with just an administrative fee.

There have been several editorials in the Pensacola News Journal raising the question of whether fee-simple title will allow privatization of our beautiful beaches. The draft legislation specifically says “Escambia County and Santa Rosa County shall in perpetuity preserve those area on Santa Rosa Island currently dedicated to conservation, preservation, public, recreation, access and public parking..”

So our beautiful 8 miles of public beaches and all the other great public parking and access will be preserved.

PBA worked with the staff of Escambia County and Santa Rosa County on the language of the draft legislation, and we are please to see it finally move forward.

Pensacola Beach Turtle Lighting Ordinance

Mon, 09 Sep 2013 12:41:37 GMT

Each year there are nesting sea turtles that do not come to our beaches because of bright lights, or hatchlings that are distracted by lights and crawl inland to death rather than toward the Gulf waters. In July, the County adopted a Sea Turtle Lighting Ordinance for Pensacola Beach. The Ordinance defines what kinds of lights are permitted if they are within eyesight of the Beach. Generally, lights must have cutoffs so there is no light shining onto the beach, or need to be of a low-spectrum color, like high-pressure sodium lights or bug lights, which do not attract the sea turtles. Also, white metal halide lights are prohibited throughout the island.

The rules are effective immediately for new construction, and existing residences and businesses have 5 years to come into compliance. At PBA’s urging, the SRIA and Grover Robinson will be seeking BP RESTORE funding to help residences and businesses with the cost of compliance.

PBA worked closely with the County environmental staff and the local Beach businesses to craft the Sea Turtle Lighting Ordinance. Over the next 5 years are Beach will gradually become more turtle-friendly!

Pensacola Beach Noise Ordinance Moves Forward

Mon, 09 Sep 2013 12:41:04 GMT

Last month the Escambia County Board of County Commissioners approved a new Noise Ordinance. It contains provisions to prohibit unreasonably loud noises, with particular attention to prohibiting such noise after 10:00 pm. However, for Pensacola Beach the Ordinance left in place the current rule of not permitting noise above 70 decibels at any time, 24/7, in both the Core Area and residential areas. The County asked the SRIA to come back with a recommendation for a revised ordinance for Pensacola Beach which would differentiate between the needs of the Core Area and the residential areas.

PBA, who has been working on this issue for two years, met with SRIA staff and with SRIA Board members, and on August 29th the SRIA approved a recommendation to the County that the residential areas of Pensacola Beach adopt the County standards of “no unreasonable noise, especially after 10:00 pm”, but that the 70 decibel rule stay in effect in the Core Area, where many businesses have bands, etc. that perform after 10:00pm. We are pleased with this progress, and will now work with the BOCC to get it adopted by the County.

Earth Day 2013 - Community Yard Sale, Free Shredding, Turtle Homecoming

Sun, 17 Mar 2013 20:20:14 GMT

Saturday, April 20, 2013

8:00 a.m. to 12:00 noon

Pensacola Beach, Florida--Casino Beach Parking Lot, West End (Near Ft. Pickens Road Entrance)

Download Event Flyer

Free Paper Shredding

Community Yard Sale

Applications are also available at the Pensacola Beach Visitor's Center or the Island Times Newspaper. Completed applications can be dropped off at the Visitor's Center or mailed to PBA, PO Box 1261, Gulf Breeze, Florida, 32562. You MUST submit an application and a check to sell.

Donations

ECUA Recycling Information and Children’s Artwork Display

ECUA will be on site with their beautiful new recycling truck and giveaways to promote free recycling on

Pensacola Beach. Artwork from the Pensacola Beach Elementary School Art Contest will be on display.

Turtle Conservation Center

The Navarre Beach Sea Turtle Conservation Center will be on site to sell coffee and water in reusable containers to raise money to build a center to rehabilitate injured and sick sea turtles.

From 10:00 am until 11:30 am we are hosting a Sea Turtle Homecoming on the stage at Casino Beach. This is a celebration of our sea turtles who return to nest. This is a fun, educational event to increase awareness of how we can coexist with these amazing visitors and still enjoy our beach. There will be family fun activities, games and contests, and information for children and adults.

Sponsored by the Pensacola Beach Advocates, the Holiday Inn Express Pensacola Beach, the Margaritaville Beach Hotel and ECUA.

Escambia County Public Hearing on Proposed Dog Parks

Tue, 19 Feb 2013 15:20:53 GMT

Let your voice be heard ! Escambia County is holding a public hearing on the two proposed dog parks on Pensacola Beach this Thursday, Feb. 21^st at 5:30 in the County Building chambers at Palafox and Government streets.

At the PBA annual meeting on November, we held a straw poll on the dog parks, and PBA members voted 3 to 1 against the dog parks. In January, the SRIA approved two dog parks for a one year trial period. The locations are both on the Gulf – at parking lot B, just east of Park West, and parking lot E, just east of Portofino. Dogs will be allowed from sunrise to 10:00 am (7:00 to 10:00 during turtle nesting season), and they must be on a leash. Owners are required to pick up the dog feces.

Now the issue is now before the Board of County Commissioners. If you have an opinion on the dog parks – for or against – PBA encourages you to attend the public hearing on Thursday and let your voice be heard. It is important that the Commissioners hear from the public on this issue. They will be voting on it this Thursday Feb 21st.

Tax Litigation on Pensacola Beach - Still Waiting

Wed, 13 Feb 2013 14:30:05 GMT

On Tuesday, November 6th, the FL Supreme court heard oral arguments on both the Navarre Beach case challenging taxation of leased land and the Pensacola Beach residential challenge of taxation of leased improvements. We do not know when the court will make their final ruling. Please note that if you have had any change in ownership on a property that is involved in the lawsuit you should send an email to beachtaxes@gmail.com. For more information visit http://www.pbeachtaxsuit.com.

Pensacola Beach Dog Park Update

Wed, 13 Feb 2013 14:29:41 GMT

The Santa Rosa Island Authority has approved a one-year trial of two dog parks on Pensacola Beach. Escambia County will vote to approve or dis-approve this decision soon. The parks are to be located at Park East (past Portofino on the Gulf side where the elevated bathrooms are located) and Parking Lot B (an open section of Gulffront next to Portside Villas prior to the public park/picnic area on Ft. Pickens). Dogs must be leashed and off the beach by 10:00am.

BP Claims for Pensacola Beach Homeowners

Wed, 13 Feb 2013 14:29:11 GMT

Have you filed your claim? The class action settlement with BP provides for many Beach leaseholders to file for a claim for loss of use and enjoyment of their property. All Gulf Front properties are eligible, and many Sound Side properties also qualify. The award amount is based on the 2010 assessed value of the property, but the minimum award is $2,800. You can find out how to determine if your property is eligible and how to apply for these benefits at the PBA website, www.pbadvocates.org at the BP Oil Spill Claims page. It is not difficult to do this yourself. If you need assistance, there is a claims office on the west side of town who can provide assistance.

Escambia RESTORE Committee

Wed, 13 Feb 2013 14:28:43 GMT

Escambia County has formed a committee of 9 citizens to review applications for the estimated $100 million in RESORE grant monies that will come to the County from the BP fines. The Committee will rank the applications and make recommendations to the Escambia County Commissioners. PBA has been actively working with the SRIA and Commissioner Grover Robinson to be sure Pensacola Beach is seeking RESTORE funds for improvements like beach nourishment, Improvements to pedestrian crosswalks, a boardwalk on Quietwater Sound, and improvements to the Casino Beach pavilion.

PBA Beachkeepers participated in the selection of an environmentalist for the RESTORE Committee. The 22 environmental groups in Escambia County selected Christian Wagley as their representative. We are confident that he will do a great job representing our interests.

Grover Robinson nominated SRIA Board member and Beach resident Tammy Bohannon for the RESTORE Committee, and she has been confirmed as a member of the Committee.

Eco-Tourism Grant for Pensacola Beach

Wed, 13 Feb 2013 14:28:19 GMT

Through the efforts of PBA members Lila Cox and Beverly McCay, the SRIA has secured a $500,000 grant from BP to promote eco-tourism on Pensacola Beach. The grant will pay for an “Eco-tour” of about 40 signs on dune walkovers, public piers and parks throughout the beach explaining our birds, sea turtles, plants, dunes and other natural features of our barrier island. QR codes and text links on these displays will allow smart phone technology to connect to the VisitPensacolaBeach.com web site. Most of the funds will be used to promote eco-tourism in the spring and fall shoulder seasons. Great job Lila and Beverly!

Turtle Lighting Ordinance

Wed, 13 Feb 2013 14:28:02 GMT

Bright lights can disorient nesting sea turtles or the young hatchlings. Escambia County is the only Florida County that has nesting sea turtles that does not have a lighting ordinance to protect them. PBA Beachkeepers has been working with the Escambia County environmental staff on a draft ordinance to make our Beach lights more turtle friendly. Balancing the desire to be more turtle friendly with the desire of some commercial leaseholders to have attractive lighting for their businesses is proving to be a challenge, but good progress is being made.

The process will involve getting approval of the SRIA, the Planning Board, and finally the Escambia County Commissioners. PBA will keep you informed as to when public hearings will be held.

Upcoming Environmental Events

Wed, 13 Feb 2013 14:27:39 GMT

PBA Beachkeepers is combining two successful events into one this year. On Saturday morning, April 20th, at the Casino Beach parking lot they will have a family-friendly event to kick off the beginning of the sea turtle nesting season. Also, they will sponsor a recycling event featuring free shredding of personal financial records and a giant yard sale. More information will be relayed to you as the event draws nearer.

March 18th to 20th will mark the annual Power Up Energy Expo in Fort Walton Beach. The event features exhibits and forums on renewable energy and alternative sources of fuel. The exhibits are free, but the lectures and forums have a small fee. You can learn more at www.powerupenergyexpo.com.

Navarre Beach Sea Turtle Conservation Center

Wed, 13 Feb 2013 14:27:20 GMT

A new Sea Turtle Conservation Center is being built at the foot of the Navarre Bridge. It will feature sea turtle exhibits and live sea turtles. It will also have medical facilities and an operating room to treat and rehabilitate injured sea turtles. The Center has launched a $350,000 campaign to fund the costs of the construction and equipment, and has raised about $250,000 so far. Contributions should be made payable to the Navarre Chamber Foundation, 8668 Navarre Pkwy, Suite 142, Navarre FL 32566. For more information about this organization visit http://navarrebeachseaturtles.org.

The PBA Board of Directors has approved a $2,000 contribution to the Center.

Your PBA Membership Status for 2013

Wed, 13 Feb 2013 14:26:43 GMT

2013 PBA annual dues of $30 are due now. If you haven’t already paid your 2013 dues, you can pay on line at www.pbadvocates.org, or you can mail them to P. O. Box 1262, Gulf Breeze Fl 32562. If you have mailed a check in the last few days, your membership record may not yet be updated with Active status. A family can have multiple email addresses (max of 3) attached to a single membership. To add a spouse or household member, login to your account, click View Profile, and in the Bundle summary section, click the Add Member button.

If you find these newsletters informational and relevant, please join PBA if you are not a current member. Membership costs $30 per year and is open to residents, leaseholders and those with any type of business interest. Your 2013 membership status is shown below. Last year we implemented a new website that makes it easier to renew online. You can login to this site to pay your dues and update your member or contact profile.

To renew or update your membership login to our website with your email. You will need to reset your password the first time you access the site. Once you have logged in successfully, click My Profile link in upper right corner of the screen to update your member/contact information.

New members can join online at http://www.pbadvocates.org/join

Dog Parks on Pensacola Beach

Fri, 02 Nov 2012 13:36:02 GMT

Currently, no dogs are allowed on any of our beaches. The SRIA is considering a proposal that would:

Allow dogs from sunrise to 10:00 am at both Park East and Park West
Dog parks would be open 365 days per year
Dogs at Park West would have to be on leashes
Dogs at Park East could be off-leash except during bird and turtle nesting season
Owners are required to pick up any dog poop – bag dispensers will be provided

This is going to be a hotly debated topic. There are people who feel strongly on both sides of this issue. There are issues involving enforcement of the rules, liability, protection of endangered species, etc. to be resolved. The SRIA has asked the PBA to poll its members on the proposed dog parks, and a straw poll will be taken at the PBA Annual Meeting on November 12th. If you cannot attend that meeting, but have an opinion on this matter, please submit a proxy form or e-mail your comments to info@pbadvocates.org.

The SRIA will have a public meeting on the dog parks on Wednesday, November 14th at 5:00 pm at the SRIA offices. The results of the PBA straw poll will be reported at that meeting.

FL Supreme Court to Hear Beach Tax Argumentes

Fri, 02 Nov 2012 13:35:22 GMT

On Tuesday, November 6th, the FL Supreme court will hear oral arguments on both the Navarre Beach case challenging taxation of leased land and the Pensacola Beach residential challenge of taxation of leased improvements. The oral arguments begin at 9:00 eastern (8:00 local) time. Each side has only 20 minutes to argue each of the cases, so the whole proceeding should take 2 hours or less.

If you want to go in person, the Supreme Court is located at 500 S. Duval St. in downtown Tallahassee. Keep in mind the 1 hour time change.

If you want to watch the proceedings, you can access them at http://wfsu.org/gavel2gavel/

County Commissioner Grover Robinson to Host Beach Town Hall Meeting

Fri, 02 Nov 2012 13:34:44 GMT

On Monday, November 5th from 6:00 to 8:00, Commissioner Grover Robinson will conduct a Town Hall meeting at the SRIA offices. Subjects include:

BP fines – RESTORE Act monies coming to Escambia County
Proposed Turtle Lighting Ordinance
Proposed Noise Ordinance
Discussion of events during hurricane Isaac and how they affected Beach residents and Businesses

PBA 2012 Annual Meeting

Fri, 02 Nov 2012 13:30:11 GMT

The PBA Annual Meeting will be held Monday, November 12th at 5:30 at the Beach Community Church meeting hall. Agenda items include:

Update from Attorney Danny Kepner on the oral arguments before the FL Supreme Court on the Pensacola Beach and Navarre Beach tax lawsuits.
Discussion and PBA membership straw poll on the proposed dog parks on Pensacola Beach (See article below).
Beachkeepers update
Election of Directors – we have 6 great candidates for 5 positions

If you cannot attend, you can download a proxy to vote on directors.

It is also time to renew your membership for 2013. Dues are $30 per year for a household or business. A bargain. Bring a check to the meeting or pay online with Paypal on this website.

Sea Turtle Protection Ordinance

Mon, 08 Oct 2012 13:27:31 GMT

Escambia County is the only Florida County with nesting sea turtles that does not have a lighting ordinance to reduce the impact of bright lights on nesting sea turtles and their hatchlings. On November 15th, a new ordinance will be presented to the BOCC to require new and existing (with a compliance time of five years ) construction on Pensacola Beach and Perdido Key to use “turtle friendly” lighting. The ordinance will also prohibit leaving tents, chairs, beach equipment, etc. on the beach overnight, as these can be major obstructions for sea turtles and other wildlife.

PBA has been active in working with the County staff on the wording of the ordinance. If you believe we need this ordinance, please contact Commissioner Grover Robinson to express your support. His office phone is 595-4940 or gcrobins@co.escambia.fl.us

Pensacola Beach Noise Ordinance

Mon, 08 Oct 2012 13:27:12 GMT

The existing noise ordinance for Escambia County has been struck down by the local courts as being too vague and not treating all areas of the County consistently. The noise ordinance for Pensacola Beach had a universal 24/7 sound level limit of 70 decibels , and did not differentiate between different land uses – residential and commercial. A new ordinance is being drafted and will be presented to the Escambia Board of County Commissioners on Oct. 11th.

PBA member Ray Ascherfeld is accumulating signatures on petitions to present to the BOCC to support a more sensible noise ordinance for the Beach and the whole County. If you are interested in signing the petition to support his effort, call Ray at 934-8977.

PBA Annual Meeting to be held November 12, 2012

Mon, 08 Oct 2012 13:26:39 GMT

The annual meeting for PBA will be held at 5:30 on Monday, November 12th at the Beach Community Church. Commissioner Grover Robinson will discuss the BP oil spill RESTORE Act funding and the potential impact it could have to pay for Pensacola Beach infrastructure and environmental projects. And Attorney Danny Kepner will update us on the oral arguments he made before the FL Supreme Court on Nov. 6th and the status of our tax lawsuits. Please mark your calendar. Bring your checkbook if you want to renew for 2013 or if you haven't paid your dues for 2012.

Tax Litigation - Supreme Court to Hear Oral Arguments Nov 6 2012

Mon, 10 Sep 2012 13:09:05 GMT

Property taxation is an issue of great importance to many Beach leaseholders. There is some news that PBA members might be interested in.

In February of 2012 the Florida Supreme Court accepted jurisdiction in the Pensacola Beach and Navarre Beach cases challenging ad valorem taxation of leasehold improvements and land. At that time, the Court dispensed with oral argument in both cases. We received word today that the request oral argument made by the attorneys representing the leaseholders has been granted. Oral argument in both cases has been scheduled for the docket on Tuesday, November 6, 2012 at 9am. The order in which the cases on the docket are heard will be determined later. The Court indicated that a maximum of 20 minutes per side will be allowed for the attorneys to make their case.

The Pensacola Beach case is known as 1108 Ariola, ET. AL vs. Chris Jones, ET. AL (SC11-2231) and contests the taxation of leasehold improvements. The Navarre Beach case is known as Accardo ET. AL. vs. Gregory Brown (SC11-1445). The briefs filed with the attorneys from both sides as well as the "Friend of the Court" brief filed by Portofino in support of the Pensacola Beach case can be viewed at www.pbeachtaxsuit.com It is not light reading.

Keep in mind that November 6th is election day and that Tallahassee is one hour ahead of Pensacola. More information will be forthcoming for those interested in travelling to Tallahassee to attend the oral argument and how to view the arguments over the Internet.

The schedule for the oral arguments is nearly 2 months away. When the Supreme Court will render a decision, is still unknown. At least, the issue of taxing leasehold property will have its day in the highest court in the state.

If you have any questions, please email them and we will try to address them on the PBA web site or in our newsletter.

Submitted by Lila Cox

Tax Litigation – a Waiting Game

Thu, 30 Aug 2012 04:18:59 GMT

In July, all the necessary documents were filed with the FL Supreme Court regarding the Pensacola Beach and Navarre Beach ad-valorem tax cases. Our attorneys requested an opportunity to make oral arguments, but the Court turned down that request. Now we sit and wait. The Supreme Court is under no obligation to rule within any specific time, but our attorneys are hopeful for a ruling before the end of the year.

PBA Master Plan Survey Results

Thu, 30 Aug 2012 04:18:33 GMT

Pensacola Beach Advocates conducted an online survey to get input from the community on the Pensacola Beach Master Plan. A total of 631 people completed the survey, giving their priorities on 26 different topics.

The top ten items that received the most support (high or mid priority) include:

Expanded trolley service (75%)
Improve pedestrian crosswalks (73%)
Left turn lane eastbound into Via DeLuna shopping ctr (71%)
Improving signalled intersection (65%)
Moving SRIA offices (65%)
Put Via DeLuna utilities underground (65%)
Roundabout at Ft. Pickens Entrance (54%)
Add landscaping to core area ony if it does not reduce parking (53%)
Add a parking garage (51%)
Electric smart signage on parking availability (51%)

View detailed summary of survey results at our website.

MSBU Fees to be Added to Your Tax Bill

Thu, 30 Aug 2012 04:17:57 GMT

For 2013, the County will no longer be sending our separate billings for MSBU fees. They will be included in your Ad Valorem tax bill you receive in November. The Ad Valorem taxes, together with the MSBU fees, will be due March 31st, 2013, as they have been in the past.

The Ad valorem taxes billed are for calendar 2012. The MSBU taxes (on the same billing statement) will be for the fiscal year beginning October 1, 2012, as they have been in the past. If a leaseholder were to sell their leasehold in 2013, the closing agent should treat these two portions of the tax bill separately for the purposes of pro-rating taxes in the closing statement.

There is a public hearing scheduled for September 11, 2012 at 5:00pm at the Commissioners Chambers on the first floor of the County Government Complex at 221 Palafox Place, Pensacola FL.

Tropical Storm Isaac Slips Past Pensacola Beach

Thu, 30 Aug 2012 04:16:41 GMT

Thank goodness Tropical Storm Isaac spared Pensacola Beach. We can handle a tropical storm. The ECUA had issued an order on Monday to shut down the water and sewer service on Pensacola Beach on Monday night. The PBA and several beach businesses aggressively contacted ECUA officials and County Commissioners and were able to get ECUA to reverse that order. We felt it made no sense for the County to issue a voluntary evacuation order and for the ECUA to discontinue service to those residents and businesses that decided to stay. We will work with County and ECUA officials to clarify the decision making process for future storms.

You can sign up for email alerts from the Santa Rosa Island Authority for announcements regarding emergency information, tropical weather updates, evaluation inormation, damage assessments and return information after an evacuation. Visit http://sria-fla.com/e-alert-signup.php to sign up.

PBA Beachkeepers Hosts October 13 Recyclemania

Thu, 30 Aug 2012 02:15:41 GMT

Make plans to participate in RECYCLEMANIA on October 13t (where you can sell or donate your treasures, shred sensitive documents, and donate non working electronics).

The day includes:

Flea Market/Island-style Yard Sale where individuals may bring household items to sell from 8-12noon. Yard sale “space” is FREE to PBA members, and only $20 for non members. To reserve your space and register, go to www.pbadvocates.org, stop by the Pensacola Beach Visitors Information Center, or pick up an Island Times for a registration form.
Goodwill Easter Seals will have a truck to accept your donated items. You can donate what you don’t
sell at the end of the sale, or if you don’t want to participate in the yard sale, just bring your items to donate! They will take household items including small appliances (irons, toaster ovens, microwaves, TVs, etc.), clothing, toys, and also computers and related electronicsundefined working or not.
Free shredding by Gilmore Services

Thanks to our sponsors of this event. Premier Island Management Group, Santa Rosa Island Authority, Holiday Inn Express Pensacola Beach, Pensacola Beach Women's Club and the Island Times.

Beachkeepers is still accepting sponsors ($100) and volunteers for this event.

For more information

SRIA Budget - No Lease Fee Increases

Wed, 01 Aug 2012 13:40:46 GMT

The SRIA Board adopted next's years budget on June 27th. Once again there will be no increase in the residential lease fees that are tied to the Consumer Price Index (CPI). The efforts of PBA to have this increase overturned during the budget process 3 years ago has saved over $750,000 in additional residential lease fees. Given the present climate of double taxation, can you imagine how bitter the pill of higher lease fees would have been?

BP Oil Spill Claims for Leaseholders

Wed, 30 May 2012 22:45:23 GMT

An informational meeting was held on May 19th to provide information on the proposed BP Oil Spill Settlement and how it could benefit you. The proposed BP settlement has a provision whereby EVERY Pensacola Beach leaseholder (except those who have already settled with BP) can file a claim for “Loss of use and enjoyment” of their property. You don’t need an attorney to file for this benefit – just a claim form and a copy of your 2010 Assessed Value statement from Chris Jones. The payment is a formula based on your 2010 assessed value. The formula is different for properties south of Via De Luna and Ft. Pickens and those north of the road. The minimum payment is $2,800.

A concerned beach resident has compiled a document explaining step by step how to find and fill out the claim forms. Read this document to help you through the process.

The official website for filing claims is http://www.deepwaterhorizonsettlements.com

New Parking Lot Under Study

Wed, 30 May 2012 03:53:52 GMT

The SRIA has engaged an engineer to examine the feasibility and cost of putting in a crushed stone parking lot on the SRIA property between Avenida 13 and Avenida 14. This would be the area south of Via De Luna where the gazebo is. Neighbors and others interested parties need to follow this issue and make sure their opinion is heard. The engineering report is scheduled to be discussed at the June 27^th SRIA Committee meetings.

SRIA Organizational Review

Wed, 16 May 2012 18:11:07 GMT

The SRIA Board is reviewing its organization chart and mission. Board member Vernon Prather made several recommendations at the SRIA meeting last week, and the SRIA is looking for more input from interested citizens on this subject. What does the SRIA do well? What can it do better? Where should our lease fees be best spent? The SRIA is just starting its budget process for the 2012-2013 fiscal year. If you have recommendations, please e-mail them to PBA at info@pbaadvocates.org.

Beach Master Plan – Take a Survey

Wed, 16 May 2012 18:10:05 GMT

In April, the Escambia County Board of Commissioners voted down the Core Area plan which included an elevated roadway. Where do we go from here? PBA is designing a survey to get input from the public to help set priorities for the many ideas that have been presented during the three years of the planning process. The survey will be web-based, and will allow you to rate the various ideas.

Take the Survey

Tax Litigation Update

Wed, 16 May 2012 18:09:05 GMT

Attorney Danny Kepner has filed the plaintiffs brief for both the Pensacola Beach litigation (on taxation of improvements) and the Navarre Beach case (on taxation of land) with the FL Supreme Court, and now the taxing authorities in the two Counties will have time to respond. All filings should be completed with the court by July 5th. While the Court is under no time constraints, we are hopeful for rulings on both cases by year-end.

Beachkeepers Promote Turtle Friendly Lighting

Wed, 16 May 2012 18:08:35 GMT

Recently the PBA Beachkeepers, along with representatives from the NPS-Gulf Islands National Seashore, the University of Florida Sea Grant Extension Program and the SRIA, did a night tour of our beaches. They identified buildings and parking lots that have bright lights that could distract turtles attempting to lay eggs or the newborn hatchlings. Those “turtle unfriendly” sites will be contacted and offered a 50% match of the cost to make their lights turtle friendly. There is $50,000 in grant money available for this project.

Beachkeepers were also instrumental in working with the developers of the new 360 Observation Wheel on Pensacola Beach. The developers have agreed to turn off their bright stadium lights at 10:00 pm during the turtle nesting season, and will further limit their lighting if a nearby turtle nest is about to hatch.

BP Oil Spill Settlement – Informational Meeting

Wed, 16 May 2012 18:08:19 GMT

There will be a public meeting to discuss the proposed BP Oil Spill Settlement and how it could benefit you. The meeting will be at 9:00 am Saturday, May 19th at Hemingway’s restaurant. Speakers will include Tim Day, Escambia County Environmental Programs Manager, and Mark Proctor and Brian Barr from the Levin Papantonio law firm, who have been deeply involved in the BP litigation

Pensacola Beach Master Plan Update

Tue, 10 Apr 2012 04:08:17 GMT

The Santa Rosa Island Authority recently approved one of two plans presented by Baskerville Donovan for a Master Plan for Pensacola Beach. The plan is now getting lots of attention from the community and the local media – both positive and negative. Here is a quick recap of how we got to our current situation. Please visit our Master Plan web page for past articles and relevant links.

Over the past 15 years there have been numerous plans proposed to improve Pensacola Beach (especially the Core Area), but none of them gained widespread support. There was a sense that change was needed, but what to change?

The current Master Plan project was initiated over two years ago by the SRIA, and was initially spearheaded by a Steering Committee of 13 citizens representing a cross section of Pensacola Beach stakeholders – residents, business owners, and mainland citizens. The goals were:

Address the parking issue on the island – on certain days of the year the available parking is overwhelmed. Upon further study, it was determined that although there are about 15 days a year where parking is inadequate, no amount of additional parking or parking garages could fill the needs on those days. On many other days the issue is more one of a misallocation of parking – more parking is needed near the Quietwater beaches and facilities and less by the Casino Beach beaches and facilities.
Improve the flow of traffic on the island – both vehicular traffic and pedestrian traffic. Improve the flow of traffic into the Casino parking lot. Improve public safety. Improve the signalized intersection, which currently is rated “D” by the FL Department of Transportation.
Create a new and improved overall image of Pensacola Beach to help it fulfill its role as “Escambia County’s Playground” and a tourist destination that differentiates itself from competing Gulf Coast tourist destinations.

The EDSA Master Plan

In the spring of 2010, the Steering Committee and the SRIA approved a conceptual plan presented by EDSA, a community planning organization, that envisioned a number of improvements to the Beach, including a redesign of the Core Area to include two elevated roadways to separate vehicle traffic from pedestrian traffic, three traffic circles, and a pedestrian walkway connecting the Quietwater and Gulf sides of the Core Area. The cost of the Core Area improvements was estimated to be $25 million, which made up a significant portion of the overall EDSA Master Plan cost of $47 million.

Escambia County Engineering Review

In the Spring of 2011, Escambia County engaged Baskerville Donovan (BDI) to review the engineering feasibility of the EDSA Master Plan. BDI concluded that the elements of the EDSA Master Plan outside of the Core Area were buildable, but that several problems existed with the Core Area recommendations:

The traffic circles were determined to be unworkable. It requires a lot of space to have a two lane traffic circle, and the angle of entry for the roads on Pensacola Beach would not permit safe entry and exit from the circles. Additionally, many drivers are unfamiliar with traffic circles, and they could prove confusing for locals as well as tourists.
The EDSA plan provided good pedestrian access from the Gulf side to the Quietwater side of the Core Area, but provided poorer access between those two sides and the Little Sabine (west) side of the Core Area.
There was simply too little space in the Core Area to accommodate three traffic circles and two elevated roadways – the project was “unbuildable”.

Combined BDI/EDSA concepts for the Core Area

In January 2012 BDI and EDSA combined efforts to resolve these issues and come up with two new concepts for the Core Area – one with a pedestrian overpass, and one with an elevated road and a pedestrian underpass. These were presented to the SRIA on January 14^th, and on February 8^th, the SRIA approved “Plan B” with elevated roadways and
a pedestrian underpass as well as significant other improvements to the core Area in terms of enhanced parking, a new park/event area and more landscaping. The total estimated cost of these improvements is $25 million, or the same as the original 2010 estimate.

Plan B accomplishes the original goals of the planning process, and addresses all the problems with the original EDSA plan.

Plan B effectively separates vehicular and pedestrian traffic, and creates a much safer Core Area.
Plan B provides greatly enhanced pedestrian access to all three sides of the Core Area – it truly makes Pensacola
Beach the only resort community with a true “Beach to Bay” experience.
Plan B provides a roadway leading directly into the main Casino parking lot.
Plan B connects the Quietwater and Casino parking lots – providing vehicular access between the lots without going onto the roads.
Plan B eliminates the traffic circles.
Plan B is “Buildable”.
Plan B creates a new and defining image for Pensacola Beach – distinguishing it from all the competing resort communities on the Gulf Coast.

The one thing that Plan B does not do is increase the amount of parking in the Core Area – in fact it is projected to lose about 300 – or 15% – of the current spaces. BDI said all along that it would be impossible to accomplish the other goals without losing some parking. We can only hope that as we go through the design process that some of those spaces can be saved.

Lastly, there is concerned expressed about the cost of the project – $25 million. That is a lot of money. But it is consistent with the cost of the original plan approved 2 years ago. And only $17 million of it is for the roadways – the other $8 million is for landscaping, hardscaping and contingencies. Again, through the design process, we hope to find savings.

Next Steps and Opportunity for Input

What’s next? The leaseholders and stakeholders on Pensacola Beach will have two opportunities for input on the Plan.

Escambia County will host two public information meetings in early March for the Pensacola Beach Master Plan alternatives. The meetings will begin with a presentation by County staff and the consultant, followed by an open format to allow individuals to ask staff questions on a one-on-one basis. The meeting dates and times are:

Wednesday, March 7, at 5:30 p.m. at the Central Office Complex, 3363 West Park Place, Pensacola
Thursday, March 8, at 5:30 p.m. at Our Lady of the Assumption-Hunt Hall, 920 Via de Luna Drive, Pensacola Beach

The Escambia County Board of County Commissioners will consider action on the Pensacola Beach Master Plan at its regular meeting on Thursday, March 15, at 5:30 p.m. in the Commission Chambers, 221 Palafox Place. For more information, contact Matt Mooneyham, Project Coordinator, at 595-3418, or mrmooneyham@co.escambia.fl.us

Additionally, if the Escambia County BOCC approves Plan B, the next step would be to do the engineering design. Such a process provides for public input meetings at several stages, where stakeholders can continue to voice their concerns about things like the loss of parking, the aesthetics of the pedestrian underpass, linkage to other transportation forms like the Beach trolleys or ferries, and, of course, the cost.

Additional Information and Comments

The list of links below are various opinions and news articles printed about the plan. If you care what happens to Pensacola beach, take the time to do your homework and read the plan. Then let the County Commissioners know what you think. If you don’t get involved in the process, then don’t complain about the results!

View prior articles on our website.

Gulf Breeze News – SRIA Okays $25 Million Roadway Plan (02/16/2012)

View PB Master Plan on SRIA Website (Jan 24, 2012)

Gulf Breeze News – Proposed beach road upgrades stir controvery (2/9/2012)

Gulf Breeze News – Letter to the Editor: Stop Improving Pensacola Beach (2/2/2012)

Island Times – SRIA Board Votes for Overpass at Marathon Meeting (2/16/2012)

PNJ – Pensacola Beach Plans Unveiled – 1/25/2012

PNJ – Is an Elevated Roadway Worth $25M? 2/8/2012

Florida Supreme Court to Hear Beach Tax Cases

Tue, 10 Apr 2012 01:59:53 GMT

In late February, the Florida Supreme Court accepted jurisdiction on the case involving taxation of improvements on Pensacola Beach (Case #11-2231) and taxation of land on Navarre Beach (Case #11-1445). This means our tax suits are going to the next level.

The order reads in both cases as follows:

“The Court accepts jurisdiction and dispenses with oral arguments pursuant to Florida Rule of Appellate Procedure 9.320. Petitioner’s brief on the merits shall be served on or before March 26, 2011; respondent’s brief on the merits shall be served twenty days after service of petitioner’s brief on the merits; and petitioner’s reply brief on the merits shall be served twenty days after service of respondent’s brief on the merits. …

The Clerk of the First District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before April 30, 2012. The record shall include the briefs filed in the district court separately indexed.”

This means the case against taxation of improvements on a large number of homes, condos and townhouses on Pensacola Beach should be reviewed by the Florida Supreme Court. It also means that the same Court will be looking at the legality of taxing land on Navarre Beach. Given the dates for submittal of documents to the Supreme Court, our wait continues. Our argument lives on and will be considered by the highest court in the State!

Submitted by Lila Cox

More Information

From Pensacola News Journal Article on March 8, 2012
Santa Rosa Island tax cases head to court
By Kimberly Blair

The Florida Supreme Court will decide whether residential leaseholders’ homes, condominiums and townhomes and county-owned land on Santa Rosa Island can be taxed.

The state’s highest court will hear two cases: One is against Escambia County Property Appraiser’s Office for taxing improvements on 2,400 properties on Pensacola Beach. The other is against the Santa Rosa Property Appraiser’s Office for taxing land and improvements on roughly 850 pieces of property on Navarre Beach.

Attorney Danny Kepner with Shell, Fleming, Davis & Menge law firm in Pensacola is representing the property owners in the cases.

“It means, finally, the high court in our state will make a decision as to whether these properties can be taxed on both improvements and land,” Kepner said. “It’s an exciting thing to have happen.”

The court accepted both cases on Feb. 29 after 1st District Court of Appeal rulings that the properties could be taxed. The Navarre ruling was in April, and the Pensacola Beach ruling was in July.

Escambia County Property Appraiser Chris Jones said it could take three months to a year before the Supreme Court rules on the Pensacola Beach case.

Jones placed Pensacola Beach structures on the tax rolls in 2004 after an appellate court ruled that Santa Rosa County could tax its beach structures. He added land to the tax rolls in 2011, and the legality of that has not been settled.

Leaseholders believe their land and dwelling should not be subject to taxation because they are not owners.

Escambia County owns the land on Pensacola Beach. Residents with homes and commercial buildings on Pensacola Beach have 99-year leases, with various options for renewing, on the land. They pay lease fees.

It’s a similar situation on Navarre Beach, except all leases have a continuous 99-year renewable lease.

RECYCLEMANIA Redeux for Apr 21

Tue, 10 Apr 2012 01:10:40 GMT

COMMUNITY YARD SALE & GOODWILL EASTER SEAL DONATION SITE

PBA’s Beachkeepers has rescheduled Pensacola Beach RECYCLEMANIA DAY for Saturday, April 21st 8am-12noon at the Visitors Center Parking Lot. Our original date in March was rained out.

PBA Recyclemania Redeux Registration Form, April 21, 2012

Do some spring cleaning and make a little cash or donate your stuff.

The day includes:

Flea Market/Island-style Yard Sale where individuals may bring household items to sell from 8-12noon. Yard sale “space” is FREE to PBA members, and only $20 for non members. To reserve your space and register, go to www.pbadvocates.org, stop by the Pensacola Beach Visitors Information Center, or pick up an Island Times for a registration form.
Goodwill will have a truck to accept your donated items. You can donate what you don’t
sell at the end of the sale, or if you don’t want to participate in the yard sale, just bring your items to donate! They will take household items including small appliances (irons, toaster ovens, microwaves, TVs, etc.), clothing, toys, and also computers and related electronicsundefined working or not.
We were not able to reschedule onsite shredding for this event – but watch press for other dropoff points in the area.

Beachkeepers is still accepting sponsors ($100) and volunteers for this event. Thank you to Pensacola Beach Women’s Club, Holiday Inn Express at Pensacola Beach, Pensacola Beach Chamber of Commerce and Pensacola Beach Advocates for sponsoring! Get involved and get your company noticed! The future plan is to have a Spring Recyclemania Day and a Fall Recyclemania Day every year!

For additional info and to volunteer for RECYCLEMANIA Day contact Lois Hausman at loishausman@mchsi.com

Tax Litigation Update Feb 22, 2012

Thu, 23 Feb 2012 03:11:49 GMT

Beach leaseholders are still waiting for the Florida Supreme Court to decide if it will accept jurisdiction for two tax cases – one involving the taxation of leased improvements for 2,500 Pensacola Beach residents, and one involving the taxation of leased land for Navarre Beach residents. Unfortunately, at this time all we can do is wait.

Danny Kepner, attorney with Shell Fleming Davis & Menge, has filed cases against the County tax authorities to contest the taxation of both the land and the improvements for 2011. Until these cases are finally decided, each leaseholder should make his or her own decision whether to pay the 2011 taxes.

The Escambia County Board of Commissioners stated in October, 2011 that it believed that the taxation of land on Pensacola Beach represents “double taxation”, which is unjust. They have agreed to escrow 2011 taxes related to the taxation of Pensacola Beach land so funds will be available to either (A) refund the taxes if the courts rule in the leaseholders’ favor, or (B) refund lease fees if the taxation of land is upheld by the courts. Your PBA is working with the County to assure that the correct amount of taxes is escrowed (originally the County was not going to escrow any taxes relating to condominium land), and with the SRIA to determine how a refund of lease fees should be accomplished if the courts rule in our favor.

For more information visit the Tax Suit webpage at http://www.pbeachtaxsuit.com/.

SRIA Approves Master Plan B with Elevated Roadway

Wed, 22 Feb 2012 00:05:14 GMT

Address the parking issue on the island – on certain days of the year the available parking is overwhelmed. Upon further study, it was determined that although there are about 15 days a year where parking is inadequate, no amount of additional parking or parking garages could fill the needs on those days. On many other days the issue is more one of a misallocation of parking – more parking is needed near the Quietwater beaches and facilities and less by the Casino Beach beaches and facilities.
Improve the flow of traffic on the island – both vehicular traffic and pedestrian traffic. Improve the flow of traffic into the Casino parking lot. Improve public safety. Improve the signalized intersection, which currently is rated “D” by the FL Department of Transportation.
Create a new and improved overall image of Pensacola Beach to help it fulfill its role as “Escambia County’s Playground” and a tourist destination that differentiates itself from competing Gulf Coast tourist destinations.

The EDSA Master Plan

Escambia County Engineering Review

The traffic circles were determined to be unworkable. It requires a lot of space to have a two lane traffic circle, and the angle of entry for the roads on Pensacola Beach would not permit safe entry and exit from the circles. Additionally, many drivers are unfamiliar with traffic circles, and they could prove confusing for locals as well as tourists.
The EDSA plan provided good pedestrian access from the Gulf side to the Quietwater side of the Core Area, but provided poorer access between those two sides and the Little Sabine (west) side of the Core Area.
There was simply too little space in the Core Area to accommodate three traffic circles and two elevated roadways – the project was “unbuildable”.

Combined BDI/EDSA concepts for the Core Area

Plan B accomplishes the original goals of the planning process, and addresses all the problems with the original EDSA plan.

Plan B effectively separates vehicular and pedestrian traffic, and creates a much safer Core Area.
Plan B provides greatly enhanced pedestrian access to all three sides of the Core Area – it truly makes Pensacola
Beach the only resort community with a true “Beach to Bay” experience.
Plan B provides a roadway leading directly into the main Casino parking lot.
Plan B connects the Quietwater and Casino parking lots – providing vehicular access between the lots without going onto the roads.
Plan B eliminates the traffic circles.
Plan B is “Buildable”.
Plan B creates a new and defining image for Pensacola Beach – distinguishing it from all the competing resort communities on the Gulf Coast.

Next Steps and Opportunity for Input

What’s next? The leaseholders and stakeholders on Pensacola Beach will have two opportunities for input on the Plan.

Wednesday, March 7, at 5:30 p.m. at the Central Office Complex, 3363 West Park Place, Pensacola
Thursday, March 8, at 5:30 p.m. at Our Lady of the Assumption-Hunt Hall, 920 Via de Luna Drive, Pensacola Beach

Additional Information and Comments

View prior articles on our website.

Gulf Breeze News – SRIA Okays $25 Million Roadway Plan (02/16/2012)

View PB Master Plan on SRIA Website (Jan 24, 2012)

Gulf Breeze News – Proposed beach road upgrades stir controvery (2/9/2012)

Gulf Breeze News – Letter to the Editor: Stop Improving Pensacola Beach (2/2/2012)

Island Times – SRIA Board Votes for Overpass at Marathon Meeting (2/16/2012)

PNJ – Pensacola Beach Plans Unveiled – 1/25/2012

PNJ – Is an Elevated Roadway Worth $25M? 2/8/2012

PBA Beachkeepers Tackle Many Environmental Issues

Tue, 21 Feb 2012 22:51:06 GMT

PBA Beachkeepers, the Environmental Committees for PBA, is off to a roaring start in the new year! The first General Membership meeting of the year was held on February 7, 2012 at the SRIA. Following is an update on each Beachkeeper Team news, efforts and events.

Wildlife Conservation Beachkeepers Harry Purcell is investigating Pelican roosting and whether or not it is necessary and feasible for the group to take on a project to provide more pilings for roosting. Tisha Christopher has taken on the lead role for the Wildlife group temporarily, and we are seeking a volunteer to get involved in a leadership role for the long term. Currently, Tisha is meeting with the Florida Shorebird Alliance to determine what role Beachkeepers may have in working with this organization to protect our nesting birds. Mark Nicholas with the park service has been a big help in providing information and opportunities for the team to get involved in current Turtle nesting initiatives on the island. There will be two workshops in April: 14th and 21st, Saturdays 8am-12noon. If you are interested in volunteering for Turtle Watch in 2012, attendance at one of these workshops is mandatory. For more information contact Mark Nicholas at: mark_nicholas@nps.gov.

Other project: Developing and implementing a Turtle Lighting Ordinance for the island and seeking additional volunteers for this group.

Dune Preservation Beachkeepersmet with a representative from the Santa Rosa Island Authority to discuss the future of walkovers on the beach. There will be an important meeting at the SRIA regarding this issue on February 22nd at 5pm. (This meeting will address other issues, too, including the future of Trolleys) Dune goals for 2012 include an educational program at the elementary school level regarding the importance of dune preservation, sand fencing, planting sea oats; establishing guidelines and suggestions for walkovers for private homes; addressing the amount of vehicle traffic on the beach on a daily basis. Contact Terry Preston to volunteer or for more information: terry@ehsmadeeasy.com

Alternative Transportation and Parking Beachkeepers have been diligently working on assisting the SRIA in the placement of additional bike racks, (a dozen have been added thus far) and creating “green parking spaces” to encourage the use of “green” transportation (street legal golf carts )on the island. The team has developed a plan and
presented it to the SRIA, with initial approval, and the next step will be speaking directly to the respective businesses for implementation. If you are a business owner and know a place to put green parking spaces without losing any existing parking, please contact Jay Baynes at jbaynes@pridjiwf.com. Trolleys are one of the biggest issues that the team is focusing on. The Trolleys will be addressed at the February 22nd at 5pm meeting. The ATP Beachkeepers will be making recommendations and your input is requested! The SRIA has approved the addition of “Tiki Hut” style markers at each Trolley stop for easy identification!

Recycling and Litter Beachkeepers will be hosting a Pensacola Beach RECYCLEMANIA DAY on Saturday, March 31st 8am-12noon at Casino Beach. The day includes: FREE paper shredding from Gilmore
Services, up to 50 pounds, a Flea Market/Island-style Yard Sale where individuals may bring household items to sell from 8-12noon. ECUA will be on hand to provide information on FREE recycling programs. Goodwill will
have a truck to accept your donated items. You can donate what you don’t sell at the end of the sale, or if you don’t want to participate in the yard sale, just bring your items to donate! Yard sale “space” is FREE to PBA members, and only $20. for non members. To reserve your space and register, go to www.pbadvocates.org, stop by the Pensacola Beach Visitors Information Center, or pick up an Island Times for a registration form. Space is limited, first come, first served! Beachkeepers is still accepting sponsors ($100) and volunteers for this event. Thank you to Pensacola Beach Women’s Club and the Pensacola Beach Chamber of Commerce for sponsoring! Get involved and get your company noticed! The future plan is to have a Spring Recyclemania Day and a Fall Recyclemania Day every year!
For additional info and to volunteer for RECYCLEMANIA Day contact Lois Hausman at loishausman@mchsi.com.

Beachkeepers at Large: There is a plan in the works to create an “in-room information/education table top card” that would be distributed in area hotel rooms and rental properties on the island. This piece would be a collaborative effort among all Beachkeeper teams educating visitors to Pensacola Beach on Turtle nest protection and compliance, Dune protection,(why it’s important to stay off the dunes and sea oats) a Trolley schedule, map of bike racks and paths, pedestrian walkways, etc. and where to recycle on the beach (no glass, use recycle bins at walkovers, etc.)

Beachkeepers needs your help! Turn your passion into something positive for our Island…Join Beachkeepers and Volunteer in 2012 for the Beachkeeper team of your choice. For general Beachkeeper information please contact JJ Waters at jjwaters101@gmail.com.

PBA Beachkeepers promotes positive actions to sustain the unique natural assets of Santa Rosa Island, including beach and dune preservation, protection of our flora and fauna, recycling, and responsible recreational use.

We are committed to working with area businesses, community groups, and neighbors to improve the place we live in and do business by implementing environmental projects that benefit our community socially and
economically.

These goals will be accomplished through education, community involvement and partnering with other organizations.

The 50% Rule – Proposed Changes

Thu, 08 Dec 2011 02:53:32 GMT

Update: At the December 14th meeting of the Architectural and Development Committee of the SRIA, it was voted on to remove this agenda item from agenda as all of the board members were opposed to making any changes to the 50% Rule.

December 7th Article

Most of you are familiar with the “50% Rule” on Pensacola Beach. If a home is damaged in a storm and needs substantial repairs, the SRIA will compare the cost of such repairs to restore the home to its prior condition to the market value of the structure. If the repair costs exceed 50% of the market value, then the home must be brought into compliance with the SRIA’s flood elevation requirements, which often means the home will need to be torn down and rebuilt on pilings. (Note – homes that are elevated and comply with the flood elevation requirements are not subject to the 50% Rule.)

The current SRIA 50% Rule for Substantial Damage has no specified time period for the 50%, but in practice the SRIA has looked at the cumulative costs of substantial damage over a 5 year period. (This is consistent with many other Florida counties or cities that have similar 50% rules with a cumulative period of 5 or 10 years.) This means if there were two hurricanes in a 5 year period, and cumulative substantial damages were over 50%, a home would have to be brought into compliance with the SRIA flood elevation requirements. After 5 years of no storms, the cumulative percentage is reset at zero.

However, the SRIA is considering an amendment to the rule that would make the calculation of costs cumulative over the lifetime of the home. This means if there were 4 hurricanes over a span of, say 40 years, and the cumulative costs exceeded 50% of the market value, the home may have to be torn down and rebuilt to comply with the flood elevation standards. Also, since the costs are cumulative over the life of the building, if a home with a cumulative total of 46% is sold, the new buyer of the home may have to rebuild the home if the incurred damages of only 5% from a storm.

Paolo Ghio of the SRIA said that such a change to the 50% Rule should help all Pensacola Beach residences attain more favorable flood insurance rates.

This issue will be discussed at 5:00 pm the December 14^th SRIA Committee meeting . All regularly scheduled meetings of the Santa Rosa Island Authority begin at 5 p.m. and are held in the Authority’s meeting room, 1 Via de Luna.

The PBA encourages you to discuss this issue with your neighbors and to attend the Dec 14^th meeting to let your opinion be heard. You are also welcome to e-mail the PBA with your comments at info@pbadvocates.org. Your your comments will be given to the SRIA.

Read the 50% Rule and the proposed changes.

PBA Annual Meeting Recap

Sat, 22 Oct 2011 01:02:39 GMT

150 people attended our annual meeting on October 10^th. The main topics of discussion were taxation and fee simple title. County Attorney Alison Rogers and County Commissioner Grover Robinson answered questions from the audience.

During a short business meeting, the PBA membership approved a change to the bylaws to change the membership
year to follow the calendar year beginning immediately. The dues will remain at $30 per year per leasehold. The Board of Directors was elected as follows: Jim Cox (President), Scott Holland (Vice President), Glenn Windham (Treasurer), Maria Weisnicht (Secretary), Ray Ascherfeld, Max Scroggin, and JJ Waters.

Jay Baynes gave an update on the many projects that our environmental group, BeachKeepers, is evaluating.

Lila Cox gave a short update on the various tax litigation cases. The Portofino case contesting the amount of assessment is being appealed. She indicated that the leaseholders may have to file another lawsuit on the new land taxes. She referred attendees to the Tax Lawsuit website (www.pbtaxsuit.com) for more information and reminded everyone that they needed to keep their mailing addresses current with the attorney.

Jim Cox introduced the guest speakers and gave a short overview of the work the PBA directors have been doing to engage the Escambia County Board of Commissioners to find remedies for the double taxation problems including fee simple title legislation and lease fee offsets.

Commissioner Grover Robinson gave a short presentation, reiterating many times that the BCC is not responsible for the taxation of the land – that the property appraiser and tax collector have taken this issue on independently from the Escambia County Board of County Commissioners (BCC). Alison Rogers explained that Escambia County cannot legislate offsets. However, the BCC can send tax revenues (on the land) to the SRIA who as the landlord for our leases can refund lease fees. She also mentioned Florida Statute 196.199 which says that legally the state can tax leased property. This is a complex issue because of timing, residential vs commercial leases and weather the tax revenues will be escrowed and for how long. There was never any mention of using taxes collected on the improvements to offset the shortage in land tax revenues for the commercial leaseholders. The county taxes commercial and residenital leaseholders a total of $18,000,000 in ad valorm taxes (schools get 53%, county gets 47%).

Another issue was mentioned but not discussed in detail (the creation of a waterfront authority to include all waterfront properties in Escambia County). Grover stated that he was not in favor of a plan that would take revenue generated on Santa Rosa Island to spend elsewhere. Right now all the lease fees generated from Pensacola Beach stay on the island and are spent by the SRIA.

Fee simple title concerns were discussed including need for a Senate sponsor, offset of lease fees (see related article on our website), Municipal Service Benefit Units vs Tax Units, future of SRIA (elimination of SRIA requires state legislation not a BCC resolution). Another attendee pointed out that the value of our homestead should be calculated retroactively to the date our leases were in effect, not based on the current value.

For more information on this meeting visit the website for Island Times at www.myislandtimes.com where you can read the current issue as well as archives of past issues.

PBA Hosts Tax Forum – 11/1/11

Thu, 20 Oct 2011 00:37:56 GMT

Pensacola Beach Advocates is sponsoring a Tax Forum on Tuesday, Nov 1, 2011 at 5:30 at the Pensacola Beach Community Church Hall. We have invited Danny Kepner of Shell Fleming Davis & Menge and Ed Fleming of McDonald Fleming & Moorehead to speak and answer your questions. Topics will include:

Tax on Improvements – the First District Court of Appeals recently “certified” the residential leaseholders’ challenge, thus
opening the door (for the first time) for an appeal to the FL Supreme Court. Learn the next steps in this litigation.
Tax on land – we will need to file a separate challenge to the taxation of leased land in 2011. Learn how you can be part of
this litigation.
Other novel options – some leaseholders with older leases that are silent on the issue of taxation may have another way to transfer the burden of taxation.

If you have questions that you would like the attorneys to address, please send them to info@pbadvocates.org.

Please join PBA if these issues are of interest to you. We work hard to keep you informed on critical topics. But there is a cost to our organization and we need your participation and financial support.

Membership dues are only $30 per year and can be paid at the door for new and renewing members. Or online from this website via Paypal.

PBA Tax Appeal – Good News

Thu, 20 Oct 2011 00:34:13 GMT

PBA recently notified their members of good news on the tax litigation suit. Become a member so you can get this news as soon as we get it!

On October 14th, the Florida First District Court of Appeal granted the motion for certification in the lawsuit known as 1108 Ariola v. Jones that involves about 2,400 residential parcels on Pensacola Beach. This improves the possibility that this case concerning the taxation of improvements could be heard by the Supreme Court.

The First District Court of Appeal has certified to the Florida Supreme Court the following question related to the taxation of leasehold improvements on
Pensacola Beach as of matter of great public importance:

Whether the appellant leaseholders are equitable owners of the leasehold improvements on the subject real property when they have neither a perpetual lease of the underlying real property nor an option to purchase such property for nominal value.

The attorney in this case will now petition the Florida Supreme Court for consideration of this case. The Supreme Court can decline, but this action by the First District Court of Appeal improves the chances.

No other case involving taxation of the improvements on Pensacola Beach or Navarre Beach has made it to the Supreme Court. None of the other Pensacola Beach cases on improvements could even ask for consideration by the Supreme Court, because the decisions by the lower court were simply affirmed by the appeals court.

Pensacola Beach Advocates will sponsor a forum on taxation on Pensacola Beach in early November. Everyone should be aware that land in addition to improvements will be included in the 2011 tax bills that will be issued around November 1^st.

Lila Cox, Communciations Committee
Pensacola Beach Advocates

Informed Citizens Giving a Voice to the Beach

Commissioners Act on Double Taxation

Thu, 06 Oct 2011 23:58:33 GMT

On October 4^th, there was a joint meeting of the SRIA and the Board of County Commissioners to discuss the double taxation issue on Pensacola Beach. The commissioners agreed they need to “make leaseholders whole” on the double taxation issue, but left many questions unanswered.

They proposed escrowing the ad-valorem taxes on the leased land (about $3.3 million per year) until the tax litigation is decided. If the courts rule the land is NOT taxable, then the taxes would be refunded and the lease fees and SRIA would likely stay in place as they are now. If the courts rule the land IS taxable, then the escrowed monies would be given to the SRIA to refund lease fees. But the amount of the escrowed taxes is not enough to reimburse both the residential and commercial lease fees, and who gets refunded and how much they get refunded is unknown.

There was also some concern about the timing of dispursements from the County to the SRIA. The County collects taxes in arrears (your payments starting in November are for the year 2011) while the SRIA collects lease fees in advance. Also the county is dependent on Janet Holley (Tax Collector) deciding if and when she is going to release those tax dollars to the county or hold them in escrow.

Commissioners and our Congressman Jeff Miller continue to work on getting legislation approved for giving leaseholders fee simple title to their property. They do not have a Senate sponsor for the bill and are working with Senator Rubio to get his support. See related articles on Fee Simple Title.

Commissioner Grover Robinson and County Attorney Alison Rogers will be at the PBA Annual Meeting next Monday, October 10^th at 5:30 at the Beach Community Church to discuss this issue and answer leaseholders questions. Please plan to attend and bring a neighbor.

Additional Information

SRIA Board Chairman started out the meeting with a brief presentation summarizing the history of the island and its ownership and the current budget for Pensacola Beach. A few facts:

Pensacola Beach is 1474 acres
60% of the land mass is in parks and public lands
Population is 2738
There are 3811 residential leases and 139 commercial leases
SRIA brings in $6 million in revenue between residential lease fees ($2.5 M) and commercial lease fees ($3.5M).
The annual SRIA budget is – $6 million.
In addition to lease fees, Pensacola Beach currently generates close to $2 million in bed tax revenues for the county, $3 million in toll collections and is expected to collect $3million in taxes on land in addition to $5million on improvements. A total of $17 million in benefits to the county (excluding $ paid for schools and sheriff).
The SRIA provides a variety of services that benefit residents and visitors – beach cleanup, security, special events, hurricane preparedness and recovery, road and landscaping maintenance, public safety, building permits and oversight.

PBA Beachkeepers Kicks off Environmental Committee

Sat, 03 Sep 2011 02:46:27 GMT

The environment arm of PBA, Beachkeepers, had its inaugural meeting on Thursday, August 25^th at the SRIA. The meeting was attended by 27 enthusiastic volunteers who got things off to a first start in anticipation of others joining in. JJ Waters, chairperson, gave an overview of the Beachkeepers mission and how we hope to proceed. Attendees were asked to break down into 4 groups representing the areas of greatest concern determined from our recent survey of PBA members. Each group was asked to identify a team leader, brainstorm on action ideas for their topic and develop a short term goal their group could address by the end of this year and a long term goal.

The four groups and their team leaders are Wildlife Conservation (Teri Stephens); Alternative Transportation/Parking (Jay Baynes); Dune Preservation/Restoration (Terry Preston); and Litter/Recycling (Lois Hausman). This group is so interested in the environment on Pensacola Beach that several people expressed an interest in working on more than one topic.

Beachkeepers will meet again on Thursday, September 8^th at 5 pm at the SRIA. The groups will work on further refining their goals and action steps. Additional participation is encouraged.

Please consider joining PBA and getting involved in one of our committees.

Double Taxation and What to Do About It

Sat, 03 Sep 2011 02:45:36 GMT

Now that Escambia County is taxing us on our leaseholds (land), we are in a “double taxation” situation. Even though we are being taxed on the land and improvements in 2011, the lease fees we pay to the SRIA do not go away. The SRIA Board adopted the 2012 budget at their August 24^th meeting. This budget goes on to the County Commissioners for approval. As is always the case, the budget of the SRIA which provides services to visitors, locals and tourists is supported completely by residential and commercial lease fees. Fortunately, there was no increase in residential lease fees. This is the result of PBA successfully challenging the proposed increase for 2011.

Representatives of PBA having been meeting with County Commissioners and SRIA members and urging them to take quick action to provide leaseholders relief from “double taxation”. The SRIA Board will discuss possible remedies at the September 28^th board meeting. There will be a joint meeting of the SRIA Board and the Board of County Commissioners in town on at 4:30 pm on October 4^th. We need a large turnout at this meeting.

Please show your support for our efforts by joining the PBA

Ad Valorem Taxation on Santa Rosa Island

Sat, 03 Sep 2011 02:42:00 GMT

The status of the law suits remain pretty much the same as reported in the last newsletter. We wait for a response from the First District Court of Appeal and the Florida Supreme Court. It is worth noting that 2 attorneys have filed notice with the Supreme Court for Amicus Curiae, “Friend of the Court”. This can be done by someone who is not a party to the case but believes the court’s decision may affect its interests. In both cases, they are offering information to assist the Court in reversing the decision to tax the land on Navarre Beach. You can follow this link and insert case number 1445 to see docket information on the Navarre Beach land case

http://jweb.flcourts.org/pls/docket/ds_docket_search%20

Escambia County Property Appraiser, Chris Jones, sent out the Notice of Proposed Property Taxes in August. Almost everyone noticed the increase in taxes, but it took extra effort to determine the assessed value of the land that accounted for the increase in taxes. This is the first time the leased land is being taxes as ad valorem property. Suffice it to say that this Notice was less than user friendly. You can see a clear breakdown of the assessed value of improvements and land by doing a property search on the Property Appraiser’s web site. Use the following link and insert any number of the search criteria available on your Notice (name, address, etc.)

http://www.escpa.org/CAMA/Search.aspx

The Notice of Proposed Property Taxes provides an opportunity to question the accuracy of the value and to check that appropriate reductions and exemptions have been applied. If you can not resolve differences with the Property Appraiser’s Office, you can file a petition with the Value Adjustment Board (deadline of September 2, 2011). In order to contest the legality of taxing the land, a complaint must be filed in the Circuit Court within 60 days of the tax roll being certified. That deadline usually falls around mid-December.

PBA President, Jim Cox, convened an August 23^rd meeting of representatives who worked with the attorneys on the residential, commercial and Portofino law suits concerning improvements. Attorneys Danny Kepner and Ed Fleming updated the group on the status of the ongoing cases and discussed options for challenging taxation of the land. A lot depends on whether or not the Florida Supreme Court agrees to consider the Navarre Beach case. If they do not agree to take the case, our options are limited (but not gone) to successfully challenge the land tax on Pensacola Beach. A follow-up meeting of this group is scheduled for mid-September. PBA will keep you informed on this important issue.

Please join PBA

Beach Master Plan Revamped – August 24 Update

Fri, 02 Sep 2011 21:40:00 GMT

Comments are being accepted on the Baskerville Donovan engineering study of the Master Plan. The report from Baskerville Donovan is available on this web site for your review. There is a project comment line (850) 430-1700. Comments can dropped off at the SRIA office or emailed to masterplan@baskervilledonovan.com Comments period closes on September 12^th. The Master Plan Steering Committee meets on September 7^th at 11 am at the SRIA to discuss the report from Baskerville Donovan. This meeting is open to the public.

PB Master Plan Report 8-24-11

Since the process of developing a Master Plan for Pensacola Beach has been a long process, it might be helpful to provide a brief recap. In the fall of 2009, the SRIA selected a planning firm to develop a Master Plan as a vision for future. EDSA from Ft. Lauderdale was selected and contracted with the SRIA. A 13 member Steering Committee was appointed to provide guidance to EDSA. Over the course of the next few months, the Steering Committee met and public workshops were held to encourage input on the Plan.

The SRIA Board adopted the EDSA conceptual Master Plan in April, 2010. http://sria-fla.com/admin/documents/edsamasterfinal.pdf The EDSA plan promoted the concept of a beach to bay experience. The focus of improvements in the core area involved redirecting Pensacola Beach Blvd. to go straight into the Casino Beach parking lot. Traffic patterns and pedestrian movement would be changed by the use of roundabouts, an elevated roadway, and a pedestrian walkway at grade beneath the elevation of the road near the current traffic light. The cost of the EDSA Master Plan was roughly $336,000.

In our February newsletter we reported that the County awarded an engineering contract to Baskerville Donovan to do the engineering design of the Master Plan. The $150,000 cost of the engineering study came out of Local Option Sales Tax funds. Baskerville Donovan was tasked to analyze the feasibility of the ideas included in the EDSA report, make cost estimates, set construction priorities, and recommend funding options. We were told that there will be public forums at several stages of the engineering process, but none were scheduled.

On August 24^th, Baskerville Donovan made a presentation of their preliminary findings to the SRIA Board with about 50 interested parties on hand. They concluded that the roundabouts proposed by EDSA were unworkable. Instead, they presented an option of extending the service road on the east side of Pensacola Beach Blvd. The presentation included 5 options for changing the intersection with cost estimates and grades applied for the level of service achieved (E and F are failing levels). Baskerville Donovan also entertained the option of moving the toll facility to the north bound lane, so that people would pay the toll upon leaving the Beach. The board members were allowed to ask questions, but no one in the audience was permitted to speak. Anyone wishing to comment was instructed to use the comment process.

It is not clear at this point how input from the Steering Committee or other comments submitted to BDI will be incorporated into the engineering review. BDI’s final report on this phase is expected to go to the County by October 31, 2011.

PBA Annual Meeting – 10/10/2011

Wed, 17 Aug 2011 20:45:00 GMT

Pensacola Beach Advocates
NOTICE OF ANNUAL MEETING
Monday, October 10^th at 5:00 p.m.
Beach Community Church Hall

Agenda Items:

Double Taxation on Pensacola Beach – What are the SRIA and the Board of County Commissioners going to do about it? Speakers include Commissioner Grover Robinson and County Attorney Alison Rogers.
The Beach Master Plan – Status of the engineering study, priority of projects and potential funding sources.
PBA Beachkeepers – update on current projects.
Secretary’s Report – Minutes of 2010 Meeting
Treasurer’s Report
Election of Directors

Double Taxation on Pensacola Beach

Wed, 17 Aug 2011 20:42:04 GMT

We have been receiving many emails from leaseholders on Pensacola Beach who are very concerned about double taxation for leaseholds since they received their tax notice from Escambia County recently. Please read previous newsletters and blog postings on the background of lease fees, taxation, tax lawsuits, fee simple title.

The Pensacola Beach Advocates organization has been involved in these important issues for years. These issues are complex and there are no simple solutions. We share your concerns and our board of directors has prepared this information to bring attention to this issue. We will remain involved until it is resolved.

If you are concerned and want to support us please joint PBA and make your annual donation of $30. Come to our annual meeting in October.

Assumptions:

We need to prepare a backup plan for Beach leaseholders assuming that the Florida Courts uphold the taxation of both land and improvements on Pensacola Beach and the leaseholders are faced with paying lease fees in addition to ad-valorem taxes.
This “double taxation” of Pensacola Beach leaseholders is unfair, and the only remedy is to eliminate the lease fees.
The County has introduced legislation to Congress to allow transfer of fee simple ownership of land to Pensacola Beach leaseholders. But this legislation could take four years, or may never be enacted at all. The citizens and businesses on Pensacola Beach cannot wait for the U.S. Congress to act to resolve the double taxation issue.

Issues that need to be addressed:

Lease fees are pledged as collateral on certain bond issues. How can these guarantees be released?
The development agreement for Portofino provides for an Island Beautification Fund that currently reserves $490,000 per year of Portofino lease fees for island improvements. What happens to these funds, now and in the future? The agreement also provides for up to $4.7 million in infrastructure improvements for the future development of the 12 acres of land east of Portofino. How will the County assume this commitment?
If the County decides to disband the SRIA, what state legislation will be needed to dissolve the SRIA, or can the Board of County Commissioners do that without state legislation? What will the successor entity to the SRIA look like? What will its functions be? How will it be funded?
There are 13 master leases that are in the names of corporations or LLC’s. There are 849 subleases to these master leases. In some cases (which ones yet to be determined) the rent paid by the sub-lessees is greater than the amount paid by the master lessee, yielding the master lessee a net profit. How are such situations to be handled when the master lease fees go away? How will the sub-lessees derive any relief from double taxation?
It will take time to resolve these issues. In the meantime, residential lessees are paying $2.7 million per year in lease fees in addition to ad-valorem taxes. How can the County protect them in the meantime? Should they drop lease fees for leaseholders paying taxes as was done in Santa Rosa County? Should they escrow tax dollars to later refund the lease fees if the courts rule in the Property Appraiser’s favor?
Currently the commercial leaseholders pay about $3.5 million per year in lease fees to the SRIA which are collected in the form of a 2 to 5% “SRIA fee” on commercial sales and rental income. Should some form of tax or fee on sales and rental income remain after the lease agreements are gone?

BeachKeepers Survey Results

Fri, 05 Aug 2011 00:30:32 GMT

PBA Beachkeeper Survey Results have been compiled. Our members were invited to take an on line survey between May 15^th and June 15^th . We were interested in determining which environmental issues facing the Pensacola Beach are of interest to our members and what action by Beachkeepers is recommended to address these issues. A total of 100 members responded to the survey out of 210 who were invited to participate. Thank you to everyone who took the time to give us your input.

Our members’ recommendations are summarized on page 2 of the survey results. The PBA board will review the survey results and hear a suggested course of action from Beachkeeper Chair, JJ Waters at the board meeting this week. A Beachkeeper meeting is planned for Thursday, August 25^th at 5:30 pm at the SRIA board room.

PB Tax Suit Update – July 2011

Fri, 29 Jul 2011 19:59:01 GMT

On July 18^th, The First District Court of Appeal (DCA) affirmed the ruling of the lower court in the case of Ariola v. Jones, that involves some 2,400 residential parcels on Pensacola Beach. The three judge panel agreed that Pensacola Beach leaseholders are equitable owners and are subject to ad valorem property taxes on their improvements. This time the ruling included a 15 page opinion http://opinions.1dca.org/written/opinions2011/07-18-2011/10-2050.pdf

Danny Kepner, the lead attorney in this case, will file motions with the First District Court of Appeal by the August 2^nd deadline. The motions will ask for a rehearing of the case and also request certification of this case to the Florida Supreme Court because of its public importance. None of the cases involving taxation of leasehold improvements have made it to Florida’s highest court. All the other Escambia County appeals on taxation of improvements were simply affirmed, without a written opinion. The Florida Supreme Court will not consider cases that are simply affirmed. We anticipate a response from the First District Court of Appeal sometime in August. If they do not grant either motion, the plaintiffs in this case still have the right to petition the Supreme Court directly for consideration.

Following the decision in Navarre Beach case known as Ward v. Brown, the Santa Rosa Property Appraiser taxed the land as well as the improvements. This case made its way through the courts. On April 21^st the First District Court of Appeal affirmed that the Navarre Beach leaseholders are the equitable owners of both the real property (land) and improvements. This appellate panel wrote a 9 page opinion http://opinions.1dca.org/written/opinions2011/04-21-2011/10-4072.pdf They also certified this case to the Florida Supreme Court as is being petitioned in the Pensacola Beach case (Ariola v. Jones). The Navarre Beach opinion ends with “Given the significance of the issues presented herein, we certify to the Florida Supreme Court the following as a question of great public importance:

WHETHER SECTION 196.199(2)(b), FLORIDA STATUTES, IS INAPPLICABLE TO THE REAL PROPERTY AT ISSUE BECAUSE APPELLANTS ARE THE EQUITABLE OWNERS OF THAT PROPERTY?

Having the First District Court of Appeal certify a case does not guarantee that the Supreme Court will consider the case. The Supreme Court will be asked to hear the Navarre Beach case. We will continue to follow this case as well since taxation of the land on Pensacola Beach will be included in 2011 tax bills that come out in the fall.

For more information, visit the tax litigation website at http://pbeachtaxsuit.com/

Portofino Tax Update

Fri, 29 Jul 2011 19:59:00 GMT

The other Pensacola Beach property tax case that is still ongoing involves Portofino. Unlike the other cases, the Portofino leaseholders also contested the amount of the tax assessed on the improvements. When the battle over the legality of taxes on improvements was lost, the case returned to Judge Frank Bell in Escambia County to challenge the methodology used by the Property Appraiser, Chris Jones, to determine the value of the improvements.

Judge Bell ruled in December, 2010 that the Property Appraiser had indeed over-assessed the value of Portofino improvements. He also ruled that the land at Portofino is owned by the County and is not subject to ad-valorem taxes. This was the first time any court – local or appellate – had ruled that the leased land was not taxable. Chris Jones has appealed this ruling to the First District Court of Appeal in Tallahassee. Briefs are still being filed. No date has been set for oral argument.

PBA Launches New Website

Fri, 29 Jul 2011 19:58:00 GMT

PBA launched a new website design this week thanks to the efforts of our secretary, Maria Weisnicht and her team at CED Technical Services. The website was built using the popular WordPress content management system. Site visitors can subscribe to our monthly newsletter, fill out a membership form, pay dues online and read and comment on blogs. We will post our newsletters on the site and we plan to use the blog to provide information on specific topics as news becomes available.

We are also using Facebook as a way to connect with our stakeholders. Please take a second and become a fan of our Facebook page – just click here and press Like button. Feel free to post a comment on our wall or share the page with your friends.

Anyone is free to subscribe to our newsletter, but we ask those of you who are stakeholders on the island – residents, leaseholders and business owners – to become a member by paying $30/year.

Beach Master Plan – 8/24/11

Fri, 29 Jul 2011 19:57:18 GMT

The Steering Committe for the Pensacola Beach Master Plan met on April 12th to kick off phase two of the planning process. Two of the thirteen Committee members are PBA members.

The County has engaged Baskerville Donovan to do an engineering review of the ideas that were generated by last spring’s Master Plan, and develop cost estimates, priorities, and likely funding sources. Their efforts will be coordinated with the Steering Committee and the SRIA. This should be done by September, 2011.There will be public forums this summer as the engineering plans evolve. The PBA will keep you informed so your voice can be heard in the planning process.

Learn more about the plan

PBA Board Meeting – Aug 4

Fri, 29 Jul 2011 19:56:19 GMT

The PBA Board will meet Thursday, August 4th at 5:30 pm. The meeting will be held in the 4th Floor Meeting Room at Emerald Dolphin Condo, 850 Ft. Pickens Road. All PBA members are welcome to attend the board meeting.

Appeals Court rules in tax lawsuit

Sun, 24 Jul 2011 20:56:35 GMT

On Monday July 18, 2011 the First District Court of Appeal finally issued an opinion in the law suit involving taxation of some 2,400 residential leaseholds on Pensacola Beach (not including commercial or Portofino). In keeping with other decisions, they ruled against the leaseholders. This time the panel wrote a 15 page opinion versus just affirming the lower court ruling. Here is a link to the opinion:

http://opinions.1dca.org/written/opinions2011/07-18-2011/10-2050.pdf

There is much to be sorted out about any option for appeal to the Florida Supreme Court. We will plan on getting a PBA newsletter out next week. An update with this link to the decision will be posted to www.pbeachtaxsuit.com as soon as possible.

Congressman Miller Holds Town Hall Meeting

Wed, 29 Jun 2011 17:52:43 GMT

Congressman Jeff Miller and County Commissioner Grover Robinson held a joint town hall meeting tonight on Pensacola Beach. Approximately 100 people gather to ask questions and voice concerns about fee simple title for Pensacola Beach and the ongoing impact of the BP Oil Spill.

Beach Trolley Runs 11-11

Tue, 28 Jun 2011 21:20:49 GMT

Free beach trolley service started rolling on May 27th. Two trolleys run a continuous route from Palm Beach Club on the west end to Portofino on the east end with a loop through the Beach core. Trolleys run daily from 11 am to 11 pm. In mid August, service will continue 12 hours a day on weekends through Labor Day.

Easy to remember, and even easier to use. Using the latest technology, you can plan when to board at any of the 27 stops. The trolleys are equipped with a GPS tracking system that provides an estimate of when the trolley will arrive. Information is accessible via the web, phone or text. You can even follow the 2 trolleys as they make there way around the Beach.

Call automated phone response line at 850-602-9384 and entering the trolley stop number.
Text 41411 to SRIA and entering the trolley stop number.
Scan the QR code posted at each trolley stop with a smartphone.
Visit the “Trolley Tracker” at visitpensacolabeach.com.

Come on and Take a Free Ride! Have you ever heard any good trolley tales from the good old days when everyone rode the trolley? We invite you to make some new trolley tales and share them with us.

Island Master Plan Update

Sun, 15 May 2011 23:29:22 GMT

The Steering Committe for the Pensacola Beach Master Plan met on April 12th to kick off phase two of the planning process. Two of the thirteen Committee members are PBA members.

PB Tax Suit Update

Sun, 15 May 2011 23:25:26 GMT

In our March Newsletter we provided an update about the Pensacola Beach tax lawsuits. Basically, two of the Pensacola Beach law suits first filed in 2004 when property taxes were assessed on leasehold improvements are still active in the Florida court system. Oral arguments in our appeal were heard by the First District Court of Appeal in Tallahassee on February 15^th. The Court has yet to issue an opinion.

Last week, the First District Court of Appeal issued an opinion in the Navarre Beach case known as Accardo v. Brown (Case No.1D10-4072). The Court agreed with the trial court that the Navarre Beach leaseholders are the equitable owners of both the real property (land) and improvements and are subject to ad valorem taxes as such. This is not good news for the Pensacola Beach plaintiffs who can expect to be taxed on the land in addition to the improvements in 2011.

Many of the plaintiffs in the Pensacola Beach case who are not paying taxes received a DELINQUENT NOTICE from the Tax Collector, Janet Holley, in the mail last week. The Court has issued a stay order preventing Ms. Holley from collecting the ad valorem taxes assessed by the Property Appraiser until the Court has taken final action in this case.

Plaintiffs in this case are not required to pay the taxes until all Court action is final. A tax certificate cannot be issued. The law does allow for 12 percent simple interest per year to be assessed on back taxes if the court determines the tax to be legal. The interest rate has been included in the amounts shown on the Delinquent Notice. Some plaintiffs have chosen to pay back taxes because the accrued interest is getting high – but are not required to until the case is settled.

Anyone who chooses to pay the taxes to avoid further accumulation of interest can do so without jeopardizing their standing in this case. There is a provision in Florida law for a refund in the event the Court rules in our favor.

We will continue to keep you updated. You can also visit the official website for the Pensacola Beach Taxation Lawsuit at www.pbeachtaxsuit.com.

Fee Simple Title Update

Sun, 15 May 2011 23:24:38 GMT

If the Escambia County Appraiser ever gets the legal right to tax both the land and improvements on Pensacola Beach, then the county intends to offer fee simple title to the Beach leaseholders. The draft Federal legislation to allow this to happen includes language that prohibits the County from obtaining a windfall profit by “selling” the land to the leaseholders, but the draft Federal legislation does not address some other important issues.

On May 5^th, the Escambia Board of County commissioners will vote on a resolution that spells out their intent with respect to how fee simple title will be offered to Pensacola Beach leaseholders. That resolution will state that:

Wherever possible, fee simple title will be offered directly to sub-lessees.
Lease fees will be eliminated for all leaseholders, including those that do not accept fee simple title.
The County will maintain an entity (replacing the SRIA, but as yet undefined) on Pensacola Beach to provide the current level of service in the areas of public safety, maintenance and recreational promotion.
There is no intention to amend the Pensacola Beach’s portion of the Escambia County Master Plan, rezone residential lots for commercial or condominium development, or alter the residential building cap.

The PBA thinks it is important for the BOCC to express their intent on these issues, and we are very pleased to see the BOCC take this important step. It clarifies many matters for beach leaseholders and charts a path for the future. Thanks to Matt Dannheiser and the PBA committee members who helped make this happen. And be sure to thank Grover Robinson for his support the next time you see him.

Update: In May 2011, the Escambia County Commissioners adopted a resolution stating their intent on how they would implement fee simple title on Pensacola Beach. We are happy to report that PBA’s four points were approved unanimously. It provides a roadmap for implementing fee simple title and protects the Beach from over development. It does not bind future Boards from making other decisions, but it sets a benchmark. Don’t let your guard down!