The City of Fort Walton Beach turned off two school zone speed cameras last week after Okaloosa County officials raised questions about whether the cameras were improperly placed in county right-of-way.

• Commissioners on Tuesday asked the city to refund fines collected from at least one of the cameras, which county staff and the county attorney say was never authorized under state law.

The cameras, located on Hollywood Boulevard near Fort Walton Beach High School and Edwins Elementary School, have been operating since approximately May 2025. The city deactivated them April 3 after county staff brought the right-of-way issue to the city’s attention.

County Attorney Lynn Hoshihara told commissioners she is confident one of the cameras — positioned to capture eastbound traffic near the high school — sits within county right-of-way based on records her office has reviewed. The status of the second camera, which faces westbound traffic near Edwins Elementary, remains under research.

“Since that camera is placed in a county roadway, it should have been the county that issues those if that’s what they wanted to do,” Hoshihara said, referring to permits. “So yes, I would say that the placement and the operation of that camera does not comply with the Florida statutes.”

Under state law, only the governmental entity that owns and maintains a roadway can authorize placement of school zone speed cameras. No permit was issued by the county for either camera, Hoshihara said.

The issue came to light following the board’s March 24 vote to ban red light cameras and school zone speed cameras from county roadways. That resolution cited constitutional due process concerns following a Broward County court ruling that found Florida’s camera enforcement statute improperly shifts the burden of proof to vehicle owners.

Chairman Trey Goodwin, who requested the Hollywood Boulevard matter be placed on Tuesday’s agenda, said he felt obligated to speak up for residents who may have received citations from a camera that lacked legal authorization.

• “I have grave concerns when I’ve got an attorney opinion telling me that this camera is squarely within the county right-of-way, within the county jurisdiction,” Goodwin said. “And for it to have ever been legal under the statutory framework, it would’ve had to have been approved by this board, which never happened.”

He said citations issued from the camera were “void from the minute they were issued.”

Goodwin referenced the hearing notice form used by the city’s vendor, which warns recipients they could face adjudication of guilt, a vehicle registration stop, and up to $250 in additional fines if they contest a ticket and lose. He said that language likely discourages people from challenging citations.

“I’m facing this situation where there is a camera that my attorney is telling me was illegal and it issued citations that were void from the beginning,” Goodwin said. “And I’ve got citizens who have received this type of correspondence telling them if they don’t pay it under the strong arm of government, they’ll be adjudicated guilty.”

Commissioner Carolyn Ketchel seconded Goodwin’s motion requesting refunds.

• “$100 for me is not going take my grocery money,” Ketchel said. “But there’s a lot of people that that just eats into their grocery money and everything else.”

The motion to request refunds passed unanimously.

County Administrator John Hofstad, who worked for Fort Walton Beach for 14 years before joining the county in 2010, said the stretch of Hollywood Boulevard in question – west of Eglin Parkway – was always understood to be county right-of-way during his tenure with the city.

“I do not know what has happened since I left there in 2010, but there’s been an interpretation since that time that it is now city right-of-way to a point,” Hofstad said. “And it was news to me when Jason brought it to me that they were issuing permits and doing work inside of the right of way that was always historically understood to be county right of way.”

Deputy County Administrator Jason Autrey said the city had been issuing driveway and utility permits along the corridor, believing it to be city right-of-way. The county, meanwhile, has maintained the roadway for decades.

Hoshihara said she has been in contact with Fort Walton Beach City Attorney Jeff Burns, and both sides are researching ownership records. She noted that the confusion did not appear to be intentional.

• “I don’t think any of that was done maliciously,” Hoshihara said. “I think there was a misunderstanding.”

Commissioners also voted unanimously to direct staff to begin discussions with Fort Walton Beach about transferring ownership of the Hollywood Boulevard segment to the city.

Any transfer would require approval from both the county commission and the Fort Walton Beach City Council, Hoshihara noted — the county cannot unilaterally give up the roadway. A similar transfer involving more than a dozen roadways was completed with the city of Niceville about a year ago, Autrey said.

A third motion, also unanimous, directed staff to conduct a comprehensive inventory of county rights-of-way to identify any other cross-jurisdictional issues involving cameras, utilities or permits.

The city is expected to discuss this matter at the next city council meeting on April 14.