HomeMy Public PortalAboutResolution 2021-18 Voting Conflicts - Tourism Development Tax DistrictRESOLUTION:2021-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CRESTVIEW, FLORIDA
TO JOIN THE CONFLICT RESOLUTION
PROCEEDINGS AS A PRIMARY
CONFLICTING GOVERNMENTAL ENTITY
PURSUANT TO CHAPTER 164, FLORIDA
STATUTES; AUTHORIZING THE CITY
ATTORNEY, AND THE CITY MANAGER TO
IMPLEMENT SAID PROCESS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Destin, Florida initiated the dispute resolution process under Chapter 164,
Florida Statutes on about July 20, 2021, related to Okaloosa County's planned expansion of the Tourism
Development Tax District county -wide; and
WHEREAS, the City of Crestview received a certified letter from the City of Destin noticing the
initiation of the conflict resolution procedure set forth in Chapter 164, Florida Statutes; and
WHEREAS, the City of Crestview will have a role in approving or implementing a particular element or
aspect of any settlement of the conflict and the City of Crestview's substantial interests may be affected by the
resolution of the conflict; and
WHEREAS, Chapter 164 of the Florida Statutes provides that the City of Crestview may, by passage of
its own resolution and by otherwise following the procedures set forth in Chapter 164, join the conflict
resolution process as a primary conflicting governmental entity; and
WHEREAS, tourism directly impacts all portions of Okaloosa County, including residents and
businesses within the City of Crestview; and
WHEREAS, expansion of the Tourism Development Tax District county -wide serves a common
county -wide benefit of promoting and developing tourism for the local community, which generates hundreds of
millions of dollars for the local economy; and
WHEREAS, it is necessary and appropriate for the City of Crestview to join the conflict resolution process
as a primary conflicting governmental entity to support and ensure Okaloosa County continues the current planned
expansion of the Tourism Development Tax District county -wide and is not unduly influenced by one City at the
expense of the City of Crestview, other cities, and the unincorporated areas of Okaloosa County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1. Each of the foregoing clauses are adopted herein and confirmed.
SECTION 2. It is the intention of the City Council of the City of Crestview, Florida to initiate the conflict
resolution procedures set forth in Section 164.1052, Florida Statutes to resolve a conflict between governmental
entities.
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SECTION 3. The issues of conflict are:
A) Voters within an existing tourism development tax district who have previously approved by
referendum imposition of the tourism development tax in their jurisdiction must be excluded
from a referendum of electors in the new county -wide district. If electors who have already
approved a tax in their jurisdiction vote to expand the same tax to other jurisdictions, the votes of
electors in the new county -wide district are unlawfully diluted.
B) Okaloosa County may enact ordinances not inconsistent with general or special law. Section
125.0104, Florida Statutes, authorizes both county -wide tourism development tax districts as
well as sub -county tax districts. Section 125.0104 does not prohibit expansion of an existing
sub -county taxing district to a county -wide district or prohibit collection from within the sub-
district of those previously lawfully levied and imposed taxes in the sub -district. To the
contrary, solely within the newly -expanded territory, there are specific restrictions on the amount
and timing of taxes such as the "third cent" under. Section 125.0104 (3) (d) and the "fifth cent"
under Section 125.0104 (3) (n). Okaloosa County must follow these requirements.
SECTION 4. Okaloosa County is the governmental entity with which the issues in conflict exist.
SECTION 5. The City Manager and City Attorney are designated as the City of Crestview's representatives for
any meetings or sessions required by Chapter 164, Florida Statutes. The City Manager shall take such steps as are
necessary and advisable to carry out the purposes of this Resolution and ensure compliance with Chapter 164,
Florida Statutes.
SECTION 6. This resolution shall be effective immediately upon adoption.
DULY ADOPTED THIS 26th DAY OF DULY, 2021.
ATTEST:
ELIZA BETH M. ROY
City Clerk
CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA
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