Requirements for New Plaintiffs in the 2006 Complaint

 

Residential leaseholders who acquired leasehold interests in 2006 will have the opportunity to join the lawsuit after the tax rolls are certified in mid-October.  It does not matter if the prior leaseholder was a party to the lawsuit or not.  New leaseholders or current plaintiffs who have acquired leasehold interest in another property in 2006 must provide necessary documents and contribute to the cost of the litigation no later than November 17, 2006 in order to be included in this legal action.

 

Residential single family and condominium leaseholders on Pensacola Beach, who were not named plaintiffs for a particular parcel in either the 2004 or 2005 lawsuit, can be added to the complaint contesting 2006 real property taxes during a limited time.  To be a plaintiff, a person, persons or entity must be able to claim possessory interests during 2006 in leasehold property on Pensacola Beach with improvements that are being assessed for real property taxes.  There must be a tax due of greater than $0.

 

The following paperwork is required of new plaintiffs and must be received by November 17, 2006:

  1. Current and Complete Contact Information for Current Leaseholder
  2. Original Lease – This lease is between the Santa Rosa Island Authority and the original leaseholder of the property.  The original lease is not required for condo associations.   A copy is already on file.
  3. Assignment of Lease or Sublease under Which Plaintiff is Claiming a Possessory Interest in the Property.  This document shows the transfer of the lease from the prior leaseholder to the current leaseholder and should be a part of the closing packet.  There is not an assignment of lease if you hold the original lease.
  4. Copy of the 2006 Ad Valorem Tax Bill – According to the Tax Collector’s Office, tax bills will be mailed on November 1st.
  5. Copies of Govt. Leasehold Intangible Personal Property Tax Returns Filed Since 2001 – If such tax returns have been filed with Florida Dept..of Revenue.
  6. A $200 Check or Money Order – Made payable to Shell, Fleming, Davis & Menge Trust Account.

 

Item #2 and #3 are available through the Santa Rosa Island Authority (SRIA), if you do not have them on file.  The SRIA has a per page charge for copies of these documents, which is the responsibility of the person requesting the documents.  Lease documents are also available at the Clerk of Court’s web site  www.clerk.co.escambia.fl.us under “Official Records”.  For many older leases, the original lease is not available through the Clerk’s web site.

 

Item #4 (tax bills) will not be mailed until November 1, 2006.  The Property Appraiser certifies the tax roll in mid-October.  Tax bills are sent to the leaseholder in the Property Appraiser's records, which may not be correct or up to date.  This information can be accessed at the Property Appraiser’s web site www.escpa.org/Search   If you do not receive a tax bill by the second week in November, contact the Tax Collector’s Office (850) 438-6500 or visit the web site http://escambiataxcollector.governmaxa.com

Requirements for New Plaintiffs in the 2006 Complaint

Page 2

 

Payment by check or money order and all the required paperwork must be received from the new plaintiffs no later than November 17, 2006.  Payment and paperwork must be delivered or sent to:

                                                Pensacola Beach Visitors Information Center

                                                735 Pensacola Beach Blvd.

                                                Pensacola Beach, FL 32561

                                                Phone: 850-932-1500 or 1-800-635-4803

 

Background on the Law Suit, Where to Direct Questions and How to Stay Informed

 

In the fall or 2004, Janet Holley, Escambia County Tax Collector, sent tax bills to Pensacola Beach leaseholders based on an assessment by Chris Jones, Escambia County Property Appraiser, of the value of their leasehold improvements as real property.  This was shortly after Hurricane Ivan when the Beach was in complete disarray.  A meeting was held November 13, 2004, at Bamboo Willie’s where representatives of two law firms made presentations on leaseholders options for contesting ad valorem taxes and the short time frame for filing a lawsuit.  The firm of Shell, Fleming, Davis & Menge was selected to represent Pensacola Beach residential leaseholders.

 

A committee was formed to sign up plaintiffs and collect funds to cover the cost of the litigation.  Within a 3 week period, an overwhelming majority of residential leaseholders became parties to this litigation.  The 2004 complaint against Chris Jones and Janet Holley involved over 2,200 parcels and over 3,400 individual plaintiffs.  Each new tax year requires the filing of a separate lawsuit for that tax year.  Plaintiffs from a prior year(s) carry over as long as thy continue to have leasehold interest in a particular parcel with a assessment greater than $0 for that tax year.

 

The committee continues to meet periodically with the attorneys.  As a term of the agreement with Shell, Fleming, Davis & Menge for representation in this case, the  liaison committee agreed to notify all plaintiffs that any questions regarding the progress of the litigation should be addressed to a member of the committee rather than the law firm.  Any questions the committee can not answer are referred to our attorneys.  This is more efficient and less costly and has proven the best means of preserving our funds for true legal fees.  There are periodic mailings to plaintiffs and posting of updates and legal documents at our web site www.pbeachtaxsuit.com   Please make a note of the web site and the e-mail address pbts@att.net

 

Members of the Residential Lessees Liaison Committee

John Pinzino 916-7188

Lila Cox 934-6094

Larry Manziek 932-7558

Gary Smith 637-2501

Sandy Johnston 932-1500  or 1-800-635-4803