Fee Simple Title

2025 Fee Simple Draft

H. R.

To authorize Escambia County, Florida, to convey certain property that was formerly part of Santa Rosa Island National Monument and that was conveyed to Escambia County subject to restrictions on use and reconveyance.

IN THE HOUSE OF REPRESENTATIVES

Mr. GAETZ introduced the following bill; which was referred to the Committee on ________________

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF PROPERTY.
(a) CONVEYANCE FREE OF RESTRICTIONS.—Not-withstanding the restrictions on conveyance of property located on Santa Rosa Island, Florida, contained in the Act of July 30, 1946 (chapter 699; 70 Stat. 712), and the deed to the property from the United States to Escambia County, Florida, dated January 15, 1947, Escambia County may, at its discretion, convey or otherwise dispose of all of its right, title, and interest (in whole or in part), in and to any portion of the property that was conveyed to it pursuant to that Act and deed, to any person or entity, free from any restriction on conveyance or reconveyance imposed by the United States in that Act or deed. Any conveyance under this subsection shall be subject to the conditions set forth in subsection (c).
(b) LEASEHOLD INTERESTS.—No person or entity holding a leasehold interest in the property as of the date of the enactment of this Act shall be required to involuntarily accept a fee interest in lieu of their leasehold interest in the property.
(c) CONDITIONS.—Any conveyance under subsection (a) shall be subject to the following conditions:
(1) Not later than two calendar years after the date of the enactment of this Act, Escambia County shall convey to Santa Rosa County all right, title, and interest held in and to any portion of the property that was conveyed to Escambia County under the Act and deed that fall in the jurisdictional boundaries of Santa Rosa County, Florida. The conveyance by Escambia County to Santa Rosa County shall be absolute and shall terminate any subjugation of Santa Rosa County to Escambia County or any regulation of Santa Rosa County by Escambia County. Santa Rosa County shall not be required to pay any sum for the subject property other than actual costs associated with the conveyance.
(2) Santa Rosa County or any other person to which property is conveyed under this Act may reconvey property, or any portion of property, conveyed to it under this section.
(3) For all properties defined under subsection (a) the leaseholders, or owners are free to pursue incorporation, annexation, or any other governmental status so long as all other legal conditions required for doing so are followed.
(4) Each property defined under subsection (a) is under the jurisdiction of the county and any other local government entity in which the property is located.
(5) Any proceeds from the conveyance of any Ft Fee Simple
County or Santa Rosa County, other than direct and incidental costs associated with such conveyance, shall be considered windfall profits and shall revert to the United States.
(6) 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.
(d) DETERMINATION OF COMPLIANCE.—Escambia County and Santa Rosa County shall have no deadline or requirement to make any conveyance or reconveyance of any property defined under subsection (a) other than the conveyance required under subsection (c)(1). Each county may establish terms for conveyance or reconveyance, subject to the conditions set forth in this Act and applicable State law.

Update

6/2/19 - Rep. Matt Gaetz said Fee-Simple Bill is Dead at Pensacola Town Hall

5/2/19 - Escambia BOCC Addressing Beach Ordinance

2/7/14 - Fee Simple Title Legislation Passes in the US House

Background

On Pensacola and Navarre Beach, several lawsuits challenging the ad valorem taxation of the leased improvements have been denied by the circuit and appellate courts. The Escambia County Property Appraiser, Chris Jones, has indicated his intent to tax the leased land on Pensacola Beach beginning in 2011.

If the Pensacola Beach and Navarre Beach leaseholders are eventually denied in all their challenges of the ad valorem taxation of both improvements and land, it is only fair for the two Counties to eliminate lease fees and offer leaseholders the option to obtain fee simple title to the property.

Escambia and Santa Rosa Counties recently passed joint resolutions to amend the 1947 transfer of land to Escambia County to allow the counties to offer fee simple title. It is expected that the federal legislative process will take two years. In the opinion of the attorneys handling the leaseholder challenges of ad valorem taxation, this action will not affect the tax challenges already in the courts.

In January 2011, the Escambia Board of County Commissioners voted to work with our congressional representatives to introduce federal legislation that would allow the county to convey fee simple title to Beach leaseholders who are interested in accepting it. This is a rather complex issue and PBA committee members provided input to the county on the wording of the resolution. Our input was incorporated into the final resolution.

On May 5th 2011, the Escambia Board of County commissioners unaminously adopted a resolution that spells out their intent with respect to how fee simple title will be offered to Pensacola Beach leaseholders. The resolution states 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 felt it was 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 the PBA committee members who helped make this happen.

Relevant documents and links for more information:

Links

http://www.shellfleming.com/articles/article_102810.pdf