After years of legal disputes and debates, the Fort Walton Beach City Council voted unanimously on Tuesday to move forward with placing three proposed charter amendments on a future ballot for residents to decide.

• The amendments, originally submitted by a group of citizens in March 2021, aim to prohibit compensation for elected officials, limit annual budget increases, and require majority approval from property owners for special assessments. 

After certification by the Okaloosa County Supervisor of Elections, the proposals quickly became controversial.

In May 2021, the City Council hired a law firm to review the legality of the amendments. The firm’s legal memo claimed all three proposals failed to meet ballot summary requirements and that two amendments – on budget limits and special assessments – were unconstitutional. 

• As a result, the Council voted 4-3 in November 2021 against putting the amendments on the ballot, prompting a lawsuit from the citizen group.

The lawsuit concluded in August 2022 with a court ruling that the amendments did not comply with technical ballot summary requirements under state law but did not address alleged constitutional issues. 

At Tuesday’s meeting, City Attorney Kim Kopp advised the Council that the proposals could be re-written to be legally and technically sound.

After discussion, the Council unanimously approved a motion directing Kopp to re-draft the amendments to align with court rulings while preserving the original intent as much as possible. 

Kopp indicated she will likely model revised language for the budget limitation amendment on an existing provision in the Marco Island city charter. That amendment caps annual budget increases for the city’s general fund at 3 percent plus the consumer price index increase, while exempting capital expenditures, enterprise funds, grants, emergencies and certain utility costs. 

• Kopp will bring the re-written amendments back to the Council for review before placing them on a future ballot.

The petition drive began in response to the city’s now-discontinued fire assessment fee levied on property owners without a public vote. Organizers say it expanded into a broader effort to increase fiscal accountability and transparency.

• If approved by voters, the compensation amendment would prohibit Council members from receiving any salary or benefits from the city. The current city charter gives the City Manager authority over Council compensation.
• The special assessment amendment would require majority approval from affected property owners before levying any new assessments. 
• The budget amendment aims to limit growth in the city’s base budget to no more than a 3% increase. 

The Council will revisit the issue once Kopp completes drafting revised language for the proposed amendments. Depending on timing, the proposals could potentially appear on the November 2024 general election ballot or a special election in early 2025.