Thursday, October 19, 2017

Beach Lease Taxation: What If All Leases at Pensacola Beach Were Changed to be Automatically Renewing Leases?

What would the tax ramifications for Escambia County be if all leases on the beach were changed, by ordinance of the BCC through the SRIA, to automatically renewing leases?


........we are discussing this right now in our meeting, the overall beach issue as it pertains to leases, etc. I just threw an idea out; not sure if it would be good or bad, but since we know the taxation of beach properties in Santa Rosa County is lawful (I know the Circuit Court Judge that ruled on the Accardo v Brown case, the one that was upheld at the DCA and the Florida Supreme Court) because all leases on the Santa Rosa County portions of Santa Rosa Island renew automatically which is tantamount to "ownership" --But here is the million dollar question: What would happen if the BCC through the SRIA made an ordinance that all leases in Escambia County at the Beach shall now and forevermore in perpetuity be automatically renewing (like the ones in Santa Rosa County). If Escambia did this, we could tax all leaseholders in Escambia County for improvements and for land-- because we know from Accardo this would be legal to do--because leases that automatically renew are for all intents and purposes equivalent to "ownership" for taxation purposes. 

---Not saying such a move would be popular or that it would happen or could happen--but it seems it would put the current strife to an end, legally, once and for all......

2 comments:

  1. This is a little off topic and I know you have the sheriff budget appeal but will you please spell out EXACTLY just what is going on with the Beach Congestion Management Plan?

    I am baffled by the B/S and you and your and Blog are phenomenal is clearing things up. Much Appreciated.

    I have been closely watching this but I wonder if some how somewhere I missed something. As soon as you can, please start a blog on that scenario. Starting from the beginning, the votes in May, the design, Volkart, the change order, the discussion that did not seem to match the reality, from the genda review discussion and 2-2 vote late in the meeting on October 19. Even the PNJ article Oct 19 did not seem to have it right and sadly a candidate running for D4 seems to be misinformed or getting his info from PNJ.

    How about something from our forth right, honest, out spoken Commissioner.You!

    I am a fan (I don't care what anybody says about you) ;)I believe Underhill and Robinson are trying to pull a fast one, I know you will most likely be respectful toward them but I do sincerely look forward to an article clearing this up. PLEASE.

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  2. Have you noticed with the Beach that things are brought up at the Beach, then that suffices for "public notice" It seems deceptive. Example public notification of congestion plan was done with about 100 people in attendance, at the beach, then brought to the BOCC.then voted on at special meeting May 30 In the midst of an ECAT debacle...tsk tsk tsk...

    ReplyDelete

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