The Fort Walton Beach City Council voted unanimously Tuesday to formally respond to Okaloosa County’s April letter on a Hollywood Boulevard school zone speed camera, declining the broader refund the county requested while noting that violations issued after the county’s March 24 resolution have already been refunded.

• The vote closes out a back-and-forth that has run for more than two months between the city and county over a school zone camera on Hollywood Boulevard near Fort Walton Beach High School, west of Wright Parkway. 

Okaloosa County Chairman Trey Goodwin wrote to the city on April 7 stating the camera had been installed in county right-of-way without the county’s knowledge or authorization, and asked the city to remove the camera and refund any fines collected from it. The letter characterized the citations as “void ab initio” due to what the county described as the city’s lack of underlying authority to operate the camera at that location.

City Manager Jason Davis told the council Tuesday he wanted to close the matter out after months of staff-level discussions. “I feel almost like we’re being rude to our county brothers,” Davis said.

Councilman David Schmidt made the motion, which Councilman Bryce Jeter seconded. Schmidt told the council he wanted the response to clearly distinguish between the broader refund the county requested and the violations the city had already refunded. He said he did not want a perception to develop that the city was refusing to pay anyone back. 

• “I don’t want it to grow into … that we’re not paying anybody back,” Schmidt said. He noted that the staff recommendation as written would have simply denied the refund request, but said the response to the county should make the partial refunds explicit.

Police Chief Robert Bage told the council the city paused enforcement at the camera as soon as the county’s March 24 resolution banning red light and school zone cameras on county roads was passed, and refunded the violations that had slipped through between the resolution date and the pause. Davis added that the camera was turned off entirely after consulting with City Attorney Jeff Burns.

According to a memorandum from Davis to the council, the city’s position is that it is under no legal obligation to refund the broader pool of fines collected before the county’s March 24 resolution. The memo points to two separate grounds. 

The first is a 1965 conveyance in which the city transferred the portion of Hollywood Boulevard west of Wright Parkway to the state, retaining maintenance obligations the memo describes as broad enough to cover roadway-related facilities, including the camera. The state later conveyed that portion of the road to Okaloosa County in 1977, but the memo states the 1977 conveyance did not address or extinguish those retained obligations.

The second is statutory. The memo cites multiple Florida Statutes establishing that municipalities, not counties, have the authority to maintain school zones within their boundaries and to enforce school-zone speed limits through speed detection systems, including the ability to issue and process violations.

Both the city and county are jointly funding a title search to try to determine ownership of the road, though Davis told the council that staff on both sides do not believe the search will produce a conclusive answer. Burns previously told the council records dating to the 1950s and 1960s are incomplete on both sides.

Separate from the refund question, Davis told the council that city and county staff have reached a verbal agreement on a plan to transfer the disputed portion of Hollywood Boulevard from the county to the city. Under the framework, the county would quit-claim its interest in the road to the city. 

Within the first five years of the transfer, the county would provide labor and equipment to pave the road to city standards, the city would provide the materials, and both parties would split the cost of the millings. A memorandum of understanding will return to both the City Council and the Okaloosa County Board of County Commissioners for separate approval. Davis said he is waiting on a written proposal from the county.

• “Until that point is addressed, the camera’s going to remain off,” Davis said. “It’s the right thing to do.”

The staff memo notes that refunding the broader pool of fines would require the city to pay back more than it actually received. The city receives only a portion of each citation, with the remainder distributed to the Governor’s Office, the school board and Red Speed, the program vendor. The city cannot compel those entities to refund their portions, the memo states, and any refund of those amounts would have to come from the city’s general fund.

Schmidt asked whether the city could use the restricted account holding school speed zone revenue to issue any refunds. Burns said the city would likely be limited to refunding only the portion the city actually received from that account, with refunds of the other entities’ portions coming from the general fund. Davis added that a portion of the funds in the restricted account is already earmarked for crossing guard stipends and equipment.

Councilman Ben Merrell asked whether the response would include the road ownership discussion. Burns said the road transfer is a separate matter, but Davis told the council the response letter will note that city and county staff have met and are working toward a plan.

The council’s vote does not address the long-term future of the Hollywood Boulevard camera or the broader school zone camera program in the city. Davis told the council those questions will return at a future meeting.