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Santa Rosa Island History
2. Right of the U.S. to use the property in the event of a national emergency without rental or other payments to Okaloosa County but subject to existing private rights and payment of just compensation for taking control over improvements on the property. Excepted and reserved from the conveyance were perpetual easement interests for air space and access right of way. In 1953 the Okaloosa Island Authority was created as an instrumentality of the County and vested with administrative authority over the portion of the Santa Rosa Island owned by Okaloosa County. Later Congressman Sikes got the federal legislature to remove the Okaloosa Island restrictions: “Because of the limitation and restrictions held by the Federal Government in the original deed to the Island, financing was difficult for both commercial and residential construction.” U.S. Public Law 87-860 which was approved in l962 removed these restrictions. As a result of this law, it was necessary for the Federal Government, through the Corps of Engineers to survey the Island and determine price. In l963, the new Quitclaim Deed was delivered by the Corps of Engineers to the Okaloosa Island Authority. In turn the Authority presented the Corps with a check for $55,000. This transaction removed the limitations and restrictions on the property except for a 75 foot aerial easement. In 1975 legislation was passed by the State of Florida which abolished the Okaloosa Island Authority and transferred the duties and responsibilities of the Authority to the County Commissioners of Okaloosa County. This legislation also authorized the levying of ad valorem taxes on real and personal property on the Island and confirmed that all valid, existing restrictive covenants, easement, and zoning, previously established by the Authority shall remain in full force unless and until they are amended by the County Commissioners in the manner provided by law. However, it wasn’t until l995 that the Okaloosa County Commissioners allowed leaseholders to obtain fee simple title to their property.
ESCAMBIA AND SANTA ROSA COUNTIES
The Department of Interior reverted the portion of Santa Rosa Island (from Fort Pickens to Navarre Beach) back to Escambia County, in 1947. The Deed of Conveyance specified: “...that the above described land shall be retained by the said Escambia County and be used by it for such purposes as it shall deem to be in the public interest or be leased by it from time to time in whole or in part or parts to such persons and for such purposes as it shall deem to be in the public interest and upon such terms and conditions as it shall fix and always be subject to regulation by said county whether leased or not leased, but never to be otherwise disposed of or Conveyed by it;…” In Escambia County the Santa Rosa Island Authority was formed in 1947, an outgrowth of the island advisory board formed in 1946. On February 11, 1956 Santa Rosa County began leasing Navarre Beach from Escambia County. The lease was for 99 years at the rate of $100 per year. A provision that a second bridge be built by Santa Rosa County to the Island was included in the Lease Agreement: “It will complete a steel and concrete bridge, comparable to the present Sound bridge, at a place in the vicinity of Navarre, within a half mile of a line bisecting the “Y” of State Road 87 projected southerly to Santa Rosa Island parallel to the east boundary of said Santa Rosa County…” A second provision stated that Santa Rosa County would “...complete a standard highway in Accordance with specifications of, and acceptable to, the State Road Department of Florida from said new bridge to the west line of the demised premises as a part of a proposed road connecting the two bridges.” Construction of the Navarre Causeway Bridge began in 1960; in 1961 Santa Rosa County spent $250,000 for a water and sewer plant; the “Avenue of States” was completed as well as an 800 foot public pier. In 1965 the Navarre Pass was opened between the Gulf and Sound on Navarre Beach, but was only open for two months before hurricane Betsy filled it back up with sand. In 1975 ad valorem taxes were imposed on all personal property of Pensacola Beach leaseholders. Several court cases ensued but in l987 it was deemed by the Florida First District Court of Appeal that the Escambia county tax assessor erroneously taxed island leasehold of 99 years or less at the real property rate instead of the intangible property rate, contrary to l985 Laws of Florida, Chapter 85-342, Fla. Stat. Section 196.199(2)(b). See Bell v. Bryan. The law suits that pertain to this issue may be found on the Pensacola Beach Residents and Leaseholders Association WEB site: http://members.nbci.com/pbrla Congressman Bo Johnson introduced legislation in the Florida Legislature that would allow Navarre Beach to become part of Santa Rosa County in l987, l990 and 1991. The 1991 effort was finally successful. (Chapter 91-310 S.B. No. 1092). Section 3 of the above document states: “Santa Rosa County shall be liable for such proportion of the liabilities of Escambia County existing on the effective date of sections l and 2 of this act 10 as is required by Section l of Article VIII of the State Constitution. The total amount of public debt of Escambia County assumed by Santa Rosa County shall be limited to and satisfied by the continued imposition of the tourist development tax enacted and imposed by Escambia County …” (e.g. 1% of the bed tax collected from Navarre Beach is retained by Escambia County to pay for the bond on the Civic Center.) Section 5 states: “A navigable waterway or channel may not be constructed on any part of Santa Rosa Island that is leased to Santa Rosa County by Escambia County or made a part of Santa Rosa County by this act unless it is specifically approved by resolution of the Board of County Commissioners of Escambia County and by resolution of the Board of County Commissioners of Santa Rosa County.” Section 9 states: “All current licenses issued by the State for establishments located on that portion of Santa Rosa Island leased to Santa Rosa County shall remain unaffected by this act and shall remain in full force and effect.” (e.g. liquor licenses). In 1994 U.S. Congressman Earl Hutto introduced a bill that would transfer ownership of Navarre Beach from Escambia County to Santa Rosa County, but the bill got bogged down in committee. So, a question frequently asked at our NBLRA Meetings is: “Who owns Navarre Beach, the Federal Government, or Escambia County or Santa Rosa County?” From the above I believe it is clear that Escambia County owns Navarre Beach. It is rented and administered by Santa Rosa County. However, the restrictions placed on Escambia County by the Federal Government that are quoted in paragraph one of this section remain in place. The book: Gulf Islands, The Sands of All Time by Jesse Earle Bowden may be purchased for $5.95 at the Gulf Islands Naval Live Oaks Area Visitor Center or at Ft. Pickens. A copy is also available in the Navarre Library. |