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.

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/

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 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.

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 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.

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 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.

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.

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.