HomeMy Public PortalAbout02262024 City Council Regular Meeting Agenda Packet
REGULAR CITY COUNCIL MEETING AGENDA
FEBRUARY 26, 2024
6:00 P.M.
CITY COUNCIL CHAMBERS
The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page.
1. Call to Order
2. Invocation, Pledge of Allegiance
2.1. Pastor Brian Walton of Community of Christ Church
3. Open Policy Making and Legislative Session
4. Approve Agenda
5. Presentations and Reports
5.1. Presentation of Awards - John Hamilton, VFW
5.2. Proclamation Declaring Awareness of Problem Gambling in the Month of March
6. Consent Agenda
6.1. Approval of City Council Regular Meeting Minutes of February 12, 2024
6.2. Approval of Gregg Chapel Agreement
6.3. Approval of Wastewater Treatment Plant Improvements
7. Public Hearings / Ordinances on Second Reading
7.1. Ordinance 1962 - Amending Board Terms and Regulations
7.2. Ordinance 1963 - CRA Board Terms and Regulations
7.3. Ordinance 1964 - Affordable Housing Advisory Committee Terms and Regulations
8. Ordinances on First Reading
9. Resolutions
9.1. Resolution 24-3 - Annexation Moratorium Extension
9.2. Resolution 24-4 Affordable Housing Advisory Committee Appointment
10. Action Items
10.1. Water Tower Site on Old Bethel Road
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10.2. Rayburn Street Apartments Traffic MOU
10.3. Approval to Spend Forfeiture Funds
10.4. Purchase of Additional Cartegraph Domains
10.5. RAM Program that Offers Free Medical, Dental, and Optical Care
11. City Clerk Report
12. City Manager Report
12.1. Form 6 Litigation Update
12.2. Financial Update - Finance Director
12.3. Monthly Department Report - Community Development Services
13. Comments from the Mayor and Council
14. Comments from the Audience
15. Adjournment
All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of
meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision
thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency,
conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any
matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The
requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities
needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-628-1560 option 2 within 48
hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a
private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed
or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other
speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However,
such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to
participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening
invocation if a person does not wish to participate in or witness the opening invocation.
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CITY OF CRESTVIEW Item # 2.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 12/5/2023
SUBJECT: Pastor Brian Walton of Community of Christ Church
BACKGROUND:
Area churches are invited to provide the Invocation on a routine basis.
DISCUSSION:
Area clergy volunteer to provide an Invocation and lead the Council in the Pledge of Allegiance.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
n/a
RECOMMENDED ACTION
No action required.
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Attachments
None
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CITY OF CRESTVIEW Item # 5.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 2/22/2024
SUBJECT: Presentation of Awards - John Hamilton, VFW
BACKGROUND:
Presentation of the Firefighter, Law Enforcement and Administrator of the Year Awards from the VFW
DISCUSSION:
Firefighter of the Year - Ashton Lee - Firefighter (FF) Lee has been with the City for 5 years and during that
time FF Lee has shown great enthusiasm and dedication. He promotes harmony and teamwork. After the
department's strategic planning, Goal 4 was to establish better exercising equipment and workout space for
firefighters at each fire station, FF Lee stepped up and became the fitness committee leader. His passion for
better fitness in the fire service led him and the committee to acquire new fitness equipment for all three
stations and a new workout area for Station 1 and develop a new fitness policy. His hard work and dedication is
why he was chosen to be this year's FF of the year for the VFW.
Police Officer of the Year - Investigator Donald Howe
Administrator of the Year 2023/2024 - Amy Bowden
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Page 5 of 188
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
n/a
RECOMMENDED ACTION
No action required.
Attachments
None
Page 6 of 188
CITY OF CRESTVIEW Item # 5.2.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 2/20/2024
SUBJECT: Proclamation Declaring Awareness of Problem Gambling in the Month of March
BACKGROUND:
Mayor JB Whitten would like to proclaim March as Problem Gambling Awareness Month.
DISCUSSION:
Mayor JB Whitten has declared the month of March as Problem Gambling Awareness Month.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
n/a
RECOMMENDED ACTION
No action required.
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Attachments
1. Gambling Problem Awareness Month 2024
Page 8 of 188
A PROCLAMATION
Problem Gambling Awareness Month
WHEREAS problem gambling is a serious public health issue affecting one to three percent of
the general adult population and often results in personal, financial, familial, legal, and other
costs, including a high risk of suicide and
WHEREAS it is estimated that over 200,000 Florida adults of diverse age, race, ethnicity, and socio-
economic status suffer from past-year gambling problems, and 800,000 more are at risk of developing
such difficulties, constituting 4.7% of the adult population ages 18 and older; and
WHEREAS it is further important to note that these statistics do not account for youth, who are
increasingly and deceptively exposed to gambling concepts and are at an increased risk for
developing gambling-related problems and
WHEREAS it is also essential to recognize problem gambling as a societal issue, with 8-10
additional people adversely impacted by every problem gambler, increasing the affected population
by an estimated additional 1.5 million individuals, with conservative projected social costs amounting
to more than $9 billion nationally each year; and
WHEREAS problem gambling is treatable for those who seek help, which minimizes the harm to
Floridians and to the State as a whole and
WHEREAS the Florida Council on Compulsive Gambling's (FCCG's) public awareness campaign
provides an opportunity to educate the public, policymakers, educators, businesses, mental health,
and criminal justice professionals, and others about the potential adverse effects of gambling as
well as social, legal, financial, and emotional impacts and available supports; and
WHEREAS free referrals to problem gambling resources and supports, including to licensed and
certified treatment providers, self-help support groups, the FCCG's Online Program for Problem
Gamblers (OPPG), the FCCG's Peer Connect Program, financial supports, legal resources, and many
more are readily available to all Floridians by calling or texting the 888-ADMIT-IT Helpline; and
WHEREAS, any individual, professional, or other organization dedicated to assisting those in need
can participate in raising awareness and preventing problem gambling by promoting the statewide,
confidential, multilingual, toll-free, and 24/7 888-ADMIT-IT Problem Gambling Helpline and
WHEREAS the City of Crestview can demonstrate its support in addressing problem gambling by
raising public awareness through the declaration of the proclamation of the month of March 2024 as
Problem Gambling Awareness Month in the City of Crestview.
NOW, THEREFORE, I, J.B. Whitten, Mayor of the City of Crestview, Florida, do hereby proclaim
the month of March 2024 as Problem Gambling Awareness Month in the City of Crestview
Mayor JB Whitten Date
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CITY OF CRESTVIEW Item # 6.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Maryanne Schrader
DATE: 2/14/2024
SUBJECT: Approval of City Council Regular Meeting Minutes of February 12, 2024
BACKGROUND:
The City Council routinely approves minutes from prior meetings.
DISCUSSION:
The draft minutes were distributed to the Council prior to the meeting.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
n/a
RECOMMENDED ACTION
Motion to approve the City Council regular meeting minutes of February 12, 2024.
Page 10 of 188
Attachments
1. 02122024 City Council Regular Meeting Minutes Draft
Page 11 of 188
City Council Minutes - DRAFT
February 12, 2024
6:00 p.m.
Council Chambers
1. Call to Order
The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by
Mayor Pro-Tem Andrew Rencich. Board members present: Mayor Pro-Tem Andrew
Rencich, Council members: Doug Capps, Cynthia Brown, Joe Blocker, and Ryan Bullard.
Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney
Jonathan Holloway, and various staff members. Mayor JB Whitten was excused.
2. Invocation, Pledge of Allegiance
2.1. Minister Mark Dillman of Airport Road Church of Christ
The Invocation and Pledge of Allegiance was led by Minister Mark Dillman of
Airport Road Church of Christ.
3. Open Policy Making and Legislative Session
Mayor Pro-Tem Andrew Rencich declared a quorum was present. He went over the rules
and procedures for the meeting.
4. Approve Agenda
Mayor Pro-Tem Andrew Rencich called for action.
Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker
to approve the agenda, as presented.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
5. Presentations and Reports
6. Consent Agenda
Mayor Pro-Tem Andrew Rencich called for action.
Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker
to approve the Consent agenda, as presented.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
6.1. Memorandum of Understanding with FLHSMV
6.2. Approval of City Council Regular Meeting Minutes of January 22, 2024
6.3. Approval of the Crestview Unlimited Board Regular Meeting Minutes of January 22,
2024
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7. Public Hearings / Ordinances on Second Reading
8. Ordinances on First Reading
8.1. Ordinance 1962 - Amending Board Terms and Regulations
CDS Planning Administrator Nicholas Schwendt presented Ordinance 1962 to the
City Council. He reviewed the history of past discussion on the Board terms which
included creating staggered terms, filling vacancies, and method of re-appointments.
He then asked the City Clerk to read Ordinance 1962 by Title.
City Clerk Maryanne Schrader read Ordinance 1962 aloud: An Ordinance Amending
Planning and Development Board Term Provisions and Regulations; Providing for
Amendment of Section 2-63 of the Code of Ordinances; Providing For Amendment
of Section 3.01.02 of the Land Development Code; Providing For Authority;
Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal
Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and
Providing For an Effective Date.
Mayor Pro-Tem Andrew Rencich called for comment from the Council and from the
public. In hearing none, he called for action.
Motion by Councilmember Doug Capps and seconded by Councilmember Ryan
Bullard to approve Ordinance 1962 on 1st reading and move to second reading for
final adoption.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
8.2. Ordinance 1963 - CRA Board Terms and Regulations
CDS Planning Administrator Nicholas Schwendt presented Ordinance 1963 to the
City Council. He mentioned this ordinance would clear up the CRA provisions for
terms and vacancies. He then asked the City Clerk to read Ordinance 1963 by title.
City Clerk Maryanne Schrader read Ordinance 1963 aloud: An Ordinance Amending
Community Redevelopment Agency Term Provisions and Regulations; Providing
For Amendment of Section 2-98 of the Code of Ordinances; Providing For
Authority; Providing For Severability; Providing For Scrivener’s Errors; Providing
For Liberal Interpretation; Providing For Repeal of Conflicting Codes and
Ordinances; and Providing For An Effective Date.
Mayor Pro-Tem A. Rencich called for comment from the Council.
Councilmember R. Bullard asked about when the changes for the current seats is
expected, and CDS Planning Administrator Nicholas Schwendt replied that the
current terms will be reviewed and the seats will be numbered for tracking. The goal
is to have it completed before April 1st.
Page 13 of 188
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Mayor Pro-Tem A. Rencich called for comment from the public. In hearing none, he
called for action.
Motion made by Councilmember Ryan Bullard and seconded by Cynthia Brown to
approve Ordinance 1963 on 1st reading and move to second reading for final
adoption.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
8.3. Ordinance 1964 - Affordable Housing Advisory Committee Terms and Regulations
CDS Planning Administrator Nicholas Schwendt presented Ordinance 1964 to the
City Council. This ordinance is regarding the formation of the Affordable Housing
Advisory Committee adding the Board will need to convene before April 1st. He
then asked the City Clerk to read Ordinance 1964 by Title.
City Clerk Maryanne Schrader read Ordinance 1964 aloud: An Ordinance Amending
Affordable Housing Advisory Committee Term Provisions and Regulations;
Providing For Amendment of Section 32-18 of the Code of Ordinances; Providing
For Authority; Providing For Severability; Providing For Scrivener’s Errors;
Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and
Ordinances; and Providing For an Effective Date.
Mayor Pro-Tem A. Rencich called for comment from the Council and from the
public. In hearing none, he called for action.
Motion was made by Councilmember Doug Capps and seconded by Councilmember
Cynthia Brown to approve Ordinance 1964 on 1st reading and move to second
reading for final adoption.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
9. Resolutions
10. Action Items
10.1. Tractor Supply Expansion Traffic MOU
CDS Planning Administrator Nicholas Schwendt mentioned the development
expansion which will be west of the current location. The Memorandum of
Understanding (MOU) will help mitigate traffic for the development.
Motion by Councilmember Doug Capps and seconded by Cynthia Brown to approve
the Memorandum of Understanding for the Tractor Supply expansion traffic study in
the amount of $25,300 and send to the Mayor and City Clerk for signature.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
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10.2 Charleston Place Apartments Traffic MOU
CDS Planning Administrator Nicholas Schwendt presented the Memorandum of
Understanding for the Charleston Place Apartments traffic study. He stated the
development consists of 279 units on a 14-acre parcel near the movie theater.
Motion by Councilmember J. Blocker and seconded by Councilmember C. Brown to
approve the Memorandum of Understanding for the Charleston Place Apartments
traffic study in the amount of $106,200 and send to the Mayor and City Clerk for
signature.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
10.3. Preliminary/Conceptual Plat and MOU – Garden Villas Townhomes
CDS Planning Administrator Nicholas Schwendt presented the Memorandum of
Understanding for the Preliminary/Conceptual Plat and MOU for Garden Villas
Townhomes. He mentioned the area is south of the high school and will consist of
238-unit apartments.
City Manager T. Bolduc stated this project has a couple of minor outstanding
comments. He has spoken to Mr. Clark regarding concerns which will include
improvements to Third Avenue, and he has assured him that the issues will be
addressed.
Mayor Pro-Tem A. Rencich called for comment from the Council and the public. In
hearing none, he called for action.
Motion by Councilmember Doug Capps and seconded by Councilmember Cynthia
Brown to approve the Memorandum of Understanding in the amount of $73,600 and
the Preliminary/Conceptual Plat pending final negotiations on Third Avenue and
afterward send to the Mayor and City Clerk for signature.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
10.4. Preliminary/Conceptual Plat and MOU - Brett Street Townhomes
CDS Planning Administrator Nicholas Schwendt presented the Memorandum of
Understanding for the Preliminary/Conceptual Plat for Brett Street Townhomes. He
mentioned the property is on a half-acre consisting of nine units.
Mayor Pro-Tem A. Rencich called for comment from the Council and the public. In
hearing none, he called for action.
Motion by Councilmember Cynthia Brown and seconded by Councilmember Doug
Capps to approve the Memorandum of Understanding in the amount of $3,750 and
Preliminary/ Conceptual Plat and send to the Mayor and City Clerk for signature.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
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10.5. Preliminary/Conceptual Plat and MOU– Harrisburg Estates Phases 2-4
CDS Planning Administrator Nicholas Schwendt presented the Memorandum of
Understanding for the Harrisburg Estates Phases 2-4. The property is on 35.7 acres
with 72 lots proposed.
Councilmember D. Capps mentioned he must abstain from voting on this matter
because a relative owns property adjoining the subject property and his vote could
lead to a special private gain or loss for a relative, as defined in the Code of Ethics.
City Attorney J. Holloway stated Councilmember D. Capps has fifteen days to turn in
the paperwork.
Mayor Pro-Tem A. Rencich called for comment from the Council.
In response to Councilmember R. Bullard regarding the partnership with the County
on the traffic study, City Manager T. Bolduc explained that they are working with
consultants regarding whether we will do the study ourselves or wait for the County
to complete the study. He added by partnering with the County, we can look at a
regional perspective. He will bring the information back to the Council, as soon as he
receives the consultants response.
Mayor Pro-Tem A. Rencich called for comment from the public In hearing none, he
called for action.
Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe
Blocker to approve the Memorandum of Understanding in the amount of $3,750 and
Preliminary/ Conceptual Plat for Harrisburg Phase II, III, and IV and send to the
Mayor and City Clerk for signature.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Ryan Bullard.
Abstain: Doug Capps: Ayes: 4; Nays: 0; Abstain: 1. Motion carried.
10.6. City Manager Annual Performance Evaluation
Administrative Services Director Jessica Leavins went over the evaluation
summaries in the staff report based on the evaluation system of our core values.
Each council member provided comments stating they were satisfied with Mr.
Bolduc's performance, the hours he puts in, the growth of the city, and the privilege
of working with him. Discussion ensued on a salary adjustment in comparison to
other city managers in the county, as well as all the projects he has completed.
Mayor Pro-Tem A. Rencich passed the gavel to Councilmember J. Blocker. He stated
that the city is operating efficiently, and developers want to come to the city. The
calculations for other city managers were sent to HR. The starting salaries are much
higher in other cities.
Councilmember J. Blocker called for action.
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Motion by Mayor Pro-Tem A. Rencich and seconded by Councilmember Cynthia
Brown to make an adjustment from the current salary to $175,000 effective
immediately.
Roll Call: Ayes: Joe Blocker, Cynthia Brown, Andrew Rencich, Doug Capps, Ryan
Bullard. All ayes. Motion carried.
11. City Clerk Report
11.1. Monthly Update
City Clerk M. Schrader stated the information is included in the Staff Report.
12. City Manager Report
City Manager Tim Bolduc thanked the City Council. He stated it has been an honor to
work with the Council and staff and is grateful.
City Manager Tim Bolduc said he is working on an RFQ for a Total Project Management
(TPM) company, which will help with the project from conception to end. The Council
had approved us moving forward with the Sports Complex Master Planning, the Public
Services and Police Department building. This concept helps create master plans and site
plans, as well as the selection of architects and maintenance of schedules and oversees the
projects. The company will also help with small projects such as the remodeling of the
Twin Hills gym. His goal is to get the RFP out next week. The concepts of the four major
projects will move forward with a budget and funding sources. The selection will be
brought back to Council.
Discussion ensued and City Manager T. Bolduc explained that the evaluation committee
will select a company and then provide a presentation to the Council. It will be a 5-year
contract with a 5-year renewal.
In response to Councilmember R. Bullard, City Manager T. Bolduc replied that the
Council could appoint a member for the committee. A member of staff will be our
representative to the company, mentioning staff do not draw out site plans. The TPM
brings in architects to get the guaranteed result adding the company will steer the scope
which will help with prioritizing.
In response to Mayor Pro-tem A. Rencich on guaranteed maximum price (GMP), City
Manager T. Bolduc replied that the TPM will bring us to that price. The company will
competively select for us so the cost will come out of what we would do with the design.
City Manager T. Bolduc also said the Main Street contract has been executed and the
groundbreaking is scheduled March 11th in the parking lot behind Desi's. On February
27th, the groundbreaking for Vineyard Village is scheduled. The savings we receive will
provide a lower rent for the tenants. He added, tonight's MOU's, provide for more
affordable housing with the density use.
13. Comments from the Mayor and Council
Mayor Pro-Tem A. Rencich called for comments from the Council. No one else had
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further comment.
He added the splash pad at Twin Hills groundbreaking today and the park is well used.
14. Comments from the Audience
Mayor Pro-Tem A. Rencich called for comment from the public.
Frederick Butts mentioned the need for affordable housing stating the city has the highest
millage rate in the county. He voiced concern about the citizens on fixed incomes when the
going rate for apartments is over $2,000. He said the Council should focus on everyone
that gives us an overall picture. The city has grown substantially since he moved here in
2000. He also mentioned the Main Street project and asked about the safety features for
those with handicapped vehicles with parallel parking.
15. Adjournment
Mayor Pro-Tem A. Rencich adjourned the meeting at 6:56 p.m.
Minutes approved this __ day of __, 2024.
_____________________________________
Andrew Rencich
Mayor Pro-Tem
Submitted by,
______________________________
Maryanne Schrader
City Clerk
Proper Notice having been duly given
Page 18 of 188
CITY OF CRESTVIEW Item # 6.2.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Tim Bolduc, City Manager
DATE: 2/21/2024
SUBJECT: Approval of Gregg Chapel Agreement
BACKGROUND:
At the 6/13/22 City Council meeting, the City Council made a motion to select Gregg Chapel AME Church for
the Affordable Housing RFP that resulted in the proposed Vineyard Village Development.
DISCUSSION:
Following the Council's approval of Gregg Chapel AME Church, the attached agreement has been drafted and
agreed upon by staff of both parties.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The approval of this item will result in no substantial financial impact.
RECOMMENDED ACTION
Motion to approve the agreement with Greg Chapel AME Church.
Attachments
1. Vineyard Village Development Agreement with Lease and Purchase Option 2-16-24
Page 19 of 188
AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
AND LEASE WITH PURCHASE OPTION
THIS AGREEMENT (the “Agreement”) is made and entered into this ___ day of
February, 2024, by and between the City of Crestview, Florida (the “City”), whose mailing address
is 198 North Wilson Street, Crestview, Florida 32536, and _________________________ (the
“Developer”) whose mailing address is _________________________________.
W I T N E S S E T H :
WHEREAS, the City is the owner of certain property located in the City of
Crestview consisting of approximately 1.35 acres +/- located between West Bowers Avenue
and West Field Avenue, more particularly described on Exhibit “A” attached hereto (the
“Property”); and
WHEREAS, the Developer desires to develop the Property for construction of an
affordable housing project known as Vineyard Village, with the permitted uses identified in
paragraph 2 of this agreement (the “Proposed Development”); and
WHEREAS, the City received a grant from the State of Florida for certain work to be
performed on the Proposed Development; and
WHEREAS, Section 287.05805 of the Florida Statutes and the City’s grant agreement
with the State of Florida requires that the City grant to the State a security interest in the real
property in the amount of funding provided by grant to the City, for a period of five years from the
date of completion of the improvements and the grant agreement further provides that the City
must maintain ownership of the real property where the Proposed Development is located for a
period of five years after termination of the grant agreement; and
WHEREAS, the parties desire to enter into this Agreement and to comply with
requirements of State law and the terms of the grant agreement, but at the same time document
their commitments to each other relating to the terms and conditions upon which the Property can
be developed and to reflect their mutual understandings, obligations and remedies, including the
lease of the Property to Developer and Developer’s option to purchase the Property.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as
follows:
1.Recitations. The recitations set forth above are true and correct are incorporated
herein by this reference.
2.Permitted Use. The Property will be developed as a multi-family affordable
housing development.
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3.City Obligations. To facilitate Developer in developing the property for the
permitted use, the City will do the following:
A. Lease the Property to Developer for $1.00 per year upon completion of the
following work by the City:
i. Provide clearing & grubbing for the site, site work, water & sewer taps
and construct building pads up to a total contribution of $1,500,000.00
for these items.
B. The City agrees to issue to the Developer, upon approval of plans pursuant to
the City’s Land Development Code, all required building permits, approvals
or other required permits and Certificates of Occupancy for the construction,
use and occupancy of the Proposed Development, subject to Developer’s
compliance with all applicable codes, ordinances and regulations, and this
Agreement.
C. The City Manager or his designee is appointed as the City’s monitoring official
for this Agreement. The City’s representatives shall monitor the activities
specified in such a manner to ensure that all requirements of this Agreement
are met.
D. In accordance with the City’s Charter, Code of Ordinances and the terms of
this Agreement, the City Manager shall have the authority to revise and/or
modify the terms and conditions of this Agreement.
E. By this Agreement, the City additionally grants to Developer an irrevocable
purchase option that may be exercised for the sum of $1.00 by Developer as
follows:
i. No sooner than July 1, 2030, which date is five years and one day after
the Expiration Date set forth in the City’s grant agreement with the State
of Florida, Department of Economic Opportunity, Developer may elect
to purchase the Property by notifying the City of its election to purchase.
Notwithstanding the foregoing, Developer may notify the City of its
election prior to July 1, 2030, but no conveyance of title shall occur until
on or after July 1, 2030. The purchase price for the Property shall be
$1.00, to be paid at closing of the transaction by Developer to the City.
ii. Any deed from the City to Developer shall be subject to the following
reversionary interest provisions to be included in the vesting deed:
(a) Rentals and occupancies in the Proposed Development shall
be limited to persons or families which have income that does not
exceed 80% of the median family income for the Crestview-Fort
Walton Beach-Destin, FL HUD Metro FMR Area as published by
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the U.S. Department of Housing and Urban Development in each
year.
F. In the event Developer defaults on any loan secured by the Property, or on any
obligations under this Agreement after notice and opportunity to cure, the City
may repurchase the Property and the development for the remaining balance
due on the loan Developer obtains to develop the Property. This provision
applies to Developer defaults under any lease between the City and Developer
prior to Developer exercising a purchase option, and continues to apply as a
deed restriction after conveyance of title to Developer if Developer elects to
purchase the Property.
4.Developer Obligations. Developer’s obligations, in addition to those set forth in
other areas of this Agreement, is to:
A. Achieve substantial completion within two years of this Agreement, provided
that the two-year period shall not commence until the Developer receives
building permits for construction. The City Manager may, in the exercise of
reasonable judgment, extend the scheduled completion of the Proposed
Development in consideration of unforeseen delays or other circumstances
affecting completion.
B. Develop a minimum of 18 separately occupiable housing units to occupancy
by qualified tenants within the time requirements set forth in 4.A. above.
C. Comply with the provisions of Section 3 (e) (ii) (a) above, relating to rental
and occupancy limitations, unless this requirement is modified or waived by
the City.
5.Regulatory Requirements. The development of the Property shall be in
accordance with the City’s Land Development Code in effect at the time application is made for a
development order. Failure to fulfill any provision of this Agreement, or the conditions of any
development order or building permits issued for the Proposed Development, may result in non-
issuance of other regulatory approvals with respect to the Proposed Development until such time
as all conditions or this Agreement are complied with, and the City shall not be liable for any
direct, indirect and/or consequential damages claimed for such non-issuance.
6.Release or Modification. Any amendment to this Agreement shall not be
approved unless all parties subject to this Agreement agree to the amendment and such amendment
is incorporated into the Agreement. All amendments not requiring City Council approval shall be
subject to the final approval by the City Manager on behalf of the City.
7.Binding Effect. This Agreement shall be recorded in the Public Records of
Okaloosa County, Florida, and the provisions of this Agreement shall be binding upon the parties
hereto and their respective successors and assigns as a covenant running with and binding upon
the Property.
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8.Breach of Agreement. In the event that the Developer has materially breached the
Agreement, the Developer shall commence to cure the breach within thirty (30) days of notice by
the City, unless this time is extended by the City Manager. If the Developer is unable or unwilling
to cure the breach and abide by the Agreement, the City shall exercise its right to take appropriate
legal action for the purpose of curing the breach and enforcing this agreement and Developer shall
pay the City’s attorney's fees and costs in any such proceeding or appeal, including bankruptcy
proceedings. The City’s failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
9.Hold Harmless. Developer agrees to and shall hold the City, its officers, agents,
employees, and representatives harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage which may arise directly or
indirectly from the actions of the Developer, its contractors, subcontractors, agents, employees, or
other persons acting on its behalf relating to the construction and completion of the project.
Developer agrees to and shall defend the City and its officers, agents, employees, and
representatives from actions for damages caused or alleged to have been caused by reason of
Developer’s actions in connection with the construction and completion of the project.
10.Force Majeure. In the event that Developer or the City is delayed or hindered in
or prevented from the performance required hereunder by reason of strikes, lockouts, labor
troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not
the fault of the party delayed in performing work or doing acts (hereinafter, “Permitted Delay” or
“Permitted Delays”), Developer or the City, as the case may be, shall be excused for the period of
time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any
extension of time for a Permitted Delay shall be conditioned upon Developer seeking an extension
of time by delivering written notice of such Permitted Delay to the City within ten (10) days of the
event causing the Permitted Delay, and the maximum period of time which Developer may delay
any act or performance of work due to a Permitted Delay shall be one hundred eighty (180) days.
11.Notices. Any notice, demand or other communication required or permitted under
the terms of this Agreement shall be in writing, made by electronic mail, Federal Express, Express
Mail or other similar overnight delivery services or certified or registered mail, return receipt
requested, and shall be deemed to be received by the addressee one (1) business day after sending,
if sent by electronic mail, Federal Express, Express Mail or other similar overnight delivery service
and three (3) business days after mailing if sent by certified or registered mail. Notices shall be
addressed as provided below:
If to the City: City of Crestview
Attn: City Manager
198 North Wilson Street
Crestview, Florida 32536
If to the Developer: [Insert]
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12.Severability. Invalidation of any provision of this Agreement shall not affect any
other provision of this Agreement, which shall remain in full force and effect.
13.Effective Date. This Agreement shall become effective upon execution by all
parties.
[SEE NEXT PAGE FOR EXECUTION]
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CITY OF CRESTVIEW:
ATTEST:CITY OF CRESTVIEW, FLORIDA
__________________________________
_______________________J.B. Whitten, Mayor
Maryanne Schrader, Clerk
Dated: ___________________
DEVELOPER:
[To be Inserted]
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EXHIBIT A
Legal Description
A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
3559, PAGES 3122-3123: OFFICIAL RECORD BOOK 1766, PAGE 983:
OFFICIAL RECORD BOOK 3639, PAGE 4475: OFFICIAL RECORD BOOK
3213, PAGE 1445: AND OFFICIAL RECORD BOOK 3588, PAGE 2597 OF
THE OFFICIAL RECORDS FOR OKALOOSA COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT AN IRON PIPE MARKING THE SOUTHWEST CORNER OF LOT
17, BLOCK 133 OF THE PLAT OF CRESTVIEW PER PLAT BOOK 1, PAGE
72, OKALOOSA COUNTY, FLORIDA, ALSO MARKING THE
INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF FIELD
AVENUE (60 FOOT RIGHT OF WAY) WITH THE NORTH RIGHT OF WAY
LINE OF WEST EDNEY AVENUE (60 FOOT RIGHT OF WAY); THENCE
N89°32'22”W ALONG SAID NORTH RIGHT OF WAY LINE OF WEST
EDNEY AVENUE 24.32 FEET TO AN IRON PIPE; THENCE DEPARTING
SAID RIGHT OF WAY LINE N07°15'05”W 155.77 FEET TO AN IRON PIPE
ON THE NORTH LINE OF SAID LOT 17; THENCE N53°11’48”E ALONG
SAID NORTH LINE 92.37 FEET TO AN IRON ROD (SSMC LB 2108)
MARKING THE SOUTHWEST CORNER OF LOT 6, SAID BLOCK 133;
THENCE N36°48'52"W ALONG THE WEST LINE OF SAID LOT 99.82 FEET
TO AN IRON ROD (SSMC LB 2108); THENCE DEPARTING SAID WEST
LINE N52°55’40”E 64.65 FEET TO AN IRON PIPE; THENCE N36°55'00'W
49.73 FEET TO AN IRON PIPE SET ON THE SOUTH RIGHT OF WAY LINE
OF WEST BOWERS AVENUE (60 FOOT RIGHT OF WAY); THENCE
N53°11’47”E ALONG SAID RIGHT OF WAY LINE 85.11 FEET TO AN IRON
ROD (SSMC LB 2108) MARKING THE NORTHEAST CORNER OF LOT 7 OF
SAID PLAT OF CRESTVIEW; THENCE DEPARTING SAID RIGHT OF WAY
LINE S36°56’22”E ALONG THE EAST LINE OF SAID LOT 7 AND LOT 14
OF SAID PLAT 299.63 FEET TO AN IRON ROD (PSM 4028) MARKING THE
SOUTHEAST CORNER OF SAID LOT 14 AND THE AFORESAID NORTH
RIGHT OF WAY LINE OF FIELD AVENUE; THENCE S53°03’38”W ALONG
SAID RIGHT OF WAY LINE 299.87 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.42 ACRES, MORE OR LESS.
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CITY OF CRESTVIEW Item # 6.3.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Tim Bolduc, City Manager
DATE: 2/22/2024
SUBJECT: Approval of Wastewater Treatment Plant Improvements
BACKGROUND:
During the most recent inspection of the wastewater treatment plant, the Department of Environmental
Protection informed the City of a requirement to install fencing to separate the plant from the new road. In
addition to the fence improvements, upon inspection by staff, it was determined that the inflow manhole
structure was deteriorating and was in need of repair.
DISCUSSION:
Staff recently asked the current plant management company to separate the required fencing into multiple
phases, beginning with the first section required by the inspection. The purpose of phasing the installation of
the fence is to create space in the current budget to complete the inflow manhole improvements in the current
year. The total for both projects is as follows;
1- Phase one fence installation $83,550
2- Inflow Manhole repairs $132,880
The current year's budget has $185,000.00 allocated to install the new fencing at the plant. Staff would like to
move forward with phase one of the fencing project and reallocate the balance of the funding to the inflow
project. The balance of the funding to complete both projects will come from residuals in the current year's
utility budget.
To accomplish the above, staff is requesting the City Council to waive the sealed bid process for the fencing
and to move forward with the low bidder immediately. Staff is further requesting the City Council approve the
out-of-scope proposal provided by the management company to make the necessary improvements to the
inflow manhole structure.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
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Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
FINANCIAL IMPACT
The funding for these projects will come from current year budget allocations.
RECOMMENDED ACTION
Staff respectfully requests a motion to waive the purchasing policy for sealed bids and to select the low
bidder. Staff further request City Council approval for the out-of-scope proposal to repair the inflow structure
at the waste water facility.
Attachments
1. Fence Quotes
2. Out-Of-Scope Contract
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CITY OF CRESTVIEW Item # 7.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Second reading
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/15/2024
SUBJECT: Ordinance 1962 - Amending Board Terms and Regulations
BACKGROUND:
At the December City Council Meeting, the Council provided direction for staff to evaluate the various Board
appointments that the City has and begin to draft code amendments that would simplify the Board's terms and,
to the degree possible, to allow more intentional, timely and comprehensive evaluation by the Council on an
annual basis. Staff discussed the Council's desired outcome further at the January 22nd City Council meeting.
DISCUSSION:
Resulting from previous discussions, staff identified the following provisions that would need to be added or
amended for each of the Boards identified by Council:
• Staggered terms - achieved by allowing the first two terms to extend passed the typical term limits,
effectively staggering those terms by 1 year.
• A consistent effective date for all appointments across all Boards (determined to be best suited as April
1st)
• Provision for appointments to vacant seats to carry through the remainder of the seat's term, rather than
start a new term for the individual that fills the vacancy
• Specific mention that terms will not carry forward until reappointed. That means the Council must
reappoint or appoint a new member before their term ends, rather than just allowing automatic term
extensions.
The amendments made to the Code of Ordinance and Land Development Code sections regarding PDB
membership serve to fulfill the above requirements identified by the Council. Similar changes will also be
made to the appointed CRA board members, as well as the Affordable Housing Advisory Committee. The only
reason that this ordinance specifically has to come through the PDB is because it includes an amendment to the
Land Development Code.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of
public services
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Communication- To engage, inform and educate public and staff
FINANCIAL IMPACT
There is not any anticipated financial impact expected from the adoption of this ordinance.
RECOMMENDED ACTION
Staff respectfully requests a motion to adopt Ordinance 1962 on Second Reading.
Attachments
1. Ordinance 1962 - PDB
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ORDINANCE: 1962
AN ORDINANCE AMENDING PLANNING AND DEVELOPMENT
BOARD TERM PROVISIONS AND REGULATIONS; PROVIDING FOR
AMENDMENT OF SECTION 2-63 OF THE CODE OF ORDINANCES;
PROVIDING FOR AMENDMENT OF SECTION 3.01.02 OF THE LAND
DEVELOPMENT CODE; PROVIDING FOR AUTHORITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S
ERRORS; PROVIDING FOR LIBERAL INTERPRETATION;
PROVIDING FOR REPEAL OF CONFLICTING CODES AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES.
Sec. 2-63. - Membership, vacancy, compensation.
(a) Membership. The board shall consist of five core members. All members shall be
residents of the city and will be appointed by a majority vote of the city council.
The term of office for each member shall be three years, or until a successor is
appointed. The term of office for the first two members appointed shall
be two years. Terms of office shall commence on the first day of march April of the
year in which appointed. Successors appointed prior to the completion of a term shall
serve only for the remainder of the term they are succeeding. In no case shall terms
automatically extend or additional terms be granted to a member without action by the
City Council.
(b) Ex officio members. In addition to the five members, there may be two ex officio
members. One may be selected by the Okaloosa County School Board and one may
be selected by the Commander at Eglin Air Force Base. Each ex officio member
may participate in all discussions of the board in the same manner and to the same
extent as the other members of the board. The ex officio member may not vote.
Each ex officio member may serve at the sole discretion of their represented
agency.
(c) Alternate members. In addition to the five members, two alternate members may
be appointed by a majority vote of the city council to serve as alternates for the
term of one three years, or until a successor is appointed. The term of office for the first
alternate member appointed shall be two years. Successors appointed prior to the
completion of a term shall serve only for the remainder of the term they are succeeding.
In no case shall terms automatically extend or additional terms be granted to a member
without action by the City Council. Alternate members shall be residents of the city.
Alternate members shall substitute for absent members on a rotating basis. When
substituting for an absent member, an alternate member may vote and participate in all
discussions of the board in the same manner and to the same extent as the other
members of the board. Board members and alternate members shall be subject to any
forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an
alternate member vacancy occurs on the board, the city council shall fill the vacancy for
the remainder of the term as soon as practicable after the vacancy occurs.
(d) Vacancies. If a vacancy occurs on the board as the result of a resignation, death, or
removal of a member, the senior alternate member shall temporarily fill such
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vacancy without action by the city council, until the city council appoints a
successor regular member. Any appointment made to fill any vacancy shall serve
only for the remainder of the term that was left vacant. In the event both alternates
have served for the same continuous period of time then the alternate who is next
scheduled to substitute for an absent regular member according to the rotation
schedule shall temporarily fill the vacancy until the city council appoints a
successor. In the event that the alternate member dies, resigns, is removed, or
becomes a member, the city council shall promptly appoint a qualified person to
the unexpired term of the alternate.
(1) In the event a vacancy occurs on the board; an alternate member may apply
to be a regular member in the same manner as other applicants. In the event
an alternate member is appointed as a regular member, then such
appointment shall simultaneously terminate such person's position as an
alternate member. In that event, the city council may then appoint another
person to fill the resulting alternate member vacancy.
(e) Attendance. In the event any member should miss three meetings in a 12-month
period without justification, they shall be considered as resigned from the board.
In that event, the city council may then appoint another person to fill the resulting
vacancy.
(1) Alternate members may be allowed to miss up to five meetings in a 12-
month period without justification.
(2) In the event of an absence of any member, the chairman of the board shall
determine if staff had any contact with the absent member providing the
reason for the said absence. With that information the chairman shall ask
for a motion and to excuse or not excuse the absence.
(f) Compensation. Members of the board shall receive no salary for their services but
may receive such travel and other expenses while on official business for the city
as are made available by the city council for these purposes.
SECTION 2 – AMENDING SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE.
3.01.02 - Membership, Vacancy, Compensation
A. Membership. The board shall consist of five core members. All members shall be
residents of the city and will be appointed by a majority vote of the city council.
The term of office for each member shall be three years, or until a successor is
appointed. The term of office for the first two members appointed shall
be two years. Terms of office shall commence on the first day of march April of the
year in which appointed. Successors appointed prior to the completion of a term shall
serve only for the remainder of the term they are succeeding. In no case shall terms
automatically extend or additional terms be granted to a member without action by the
City Council.
B. Ex Officio Members. In addition to the five members, there may be two ex officio
members. One may be selected by the Okaloosa County School Board and one may
be selected by the Commander at Eglin Air Force Base. Each ex officio member
may participate in all discussions of the Board in the same manner and to the same
extent as the other members of the Board. The ex officio member may not vote.
Each ex officio member may serve at the sole discretion of their represented
agency.
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C. Alternate members. In addition to the five members, two alternate members may
be appointed by a majority vote of the city council to serve as alternates for the
term of one three years, or until a successor is appointed. The term of office for the first
alternate member appointed shall be two years. Successors appointed prior to the
completion of a term shall serve only for the remainder of the term they are succeeding.
In no case shall terms automatically extend or additional terms be granted to a member
without action by the City Council. Alternate members shall be residents of the city.
Alternate members shall substitute for absent members on a rotating basis. When
substituting for an absent member, an alternate member may vote and participate in all
discussions of the board in the same manner and to the same extent as the other
members of the board. Board members and alternate members shall be subject to any
forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an
alternate member vacancy occurs on the board, the city council shall fill the vacancy for
the remainder of the term as soon as practicable after the vacancy occurs.
D. Vacancies. If a vacancy occurs on the board as the result of a resignation, death, or
removal of a member, the senior alternate member shall temporarily fill such
vacancy without action by the city council, until the city council appoints a
successor regular member. Any appointment made to fill any vacancy shall serve
only for the remainder of the term that was left vacant. In the event both alternates
have served for the same continuous period of time then the alternate who is next
scheduled to substitute for an absent regular member according to the rotation
schedule shall temporarily fill the vacancy until the city council appoints a
successor. In the event that the alternate member dies, resigns, is removed, or
becomes a member, the City Council shall promptly appoint a qualified person to
the unexpired term of the alternate.
1. In the event a vacancy occurs on the Board; an alternate member may apply
to be a regular member in the same manner as other applicants. In the event
an alternate member is appointed as a regular member, then such
appointment shall simultaneously terminate such person's position as an
alternate member. In that event, the City Council may then appoint another
person to fill the resulting alternate member vacancy.
E. Attendance. In the event any member should miss three meetings in a 12-month
period without justification, they shall be considered as resigned from the board.
In that event, the City Council may then appoint another person to fill the resulting
vacancy.
1. Alternate members may be allowed to miss up to five meetings in a 12-
month period without justification.
2. In the event of an absence of any member, the Chairman of the Board shall
determine if Staff had any contact with the absent member providing the
reason for the said absence. With that information the Chairman shall ask
for a motion and to excuse or not excuse the absence.
F. Compensation. Members of the Board shall receive no salary for their services
but may receive such travel and other expenses while on official business for the
City as are made available by the City Council for these purposes.
SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida
Statutes, Section 2 of the City Charter, and the City of Crestview Land Development Code.
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SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or
the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not
affect the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public
hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of February,
2023.
Approved by me this 26th day of February, 2023.
______________________________________
J. B. Whitten
Mayor
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
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ORDINANCE NO. 1962
AN ORDINANCE AMENDING PLANNING AND
DEVELOPMENT BOARD TERM PROVISIONS AND
REGULATIONS; PROVIDING FOR AMENDMENT OF
SECTION 2-63 OF THE CODE OF ORDINANCES;
PROVIDING FOR AMENDMENT OF SECTION 3.01.02 OF
THE LAND DEVELOPMENT CODE; PROVIDING FOR
AUTHORITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING
FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF CONFLICTING CODES AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1 – AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES.
Sec. 2-63. - Membership, vacancy, compensation.
(a) Membership. The board shall consist of five core members. All
members shall be residents of the city and will be appointed by a
majority vote of the City Council. The term of office for each
member shall be three years, or until a successor is appointed. The
term of office for the first two members appointed shall be two
years. Terms of office shall commence on the first day of march
April of the year in which appointed. Successors appointed prior to
the completion of a term shall serve only for the remainder of the
term they are succeeding. In no case shall terms automatically
extend or additional terms be granted to a member without action by
the City Council.
(b) Ex officio members. In addition to the five members, there may be
two ex officio members. One may be selected by the Okaloosa
County School Board, and one may be selected by the Commander
at Eglin Air Force Base. Each ex officio member may participate in
all discussions of the board in the same manner and to the same
extent as the other members of the board. The ex officio member
may not vote. Each ex officio member may serve at the sole
discretion of their represented agency.
(c) Alternate members. In addition to the five members, two alternate
members may be appointed by a majority vote of the City Council
to serve as alternates for the term of one three years, or until a
successor is appointed. The term of office for the first alternate
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member appointed shall be two years. Successors appointed prior to
the completion of a term shall serve only for the remainder of the
term they are succeeding. In no case shall terms automatically
extend or additional terms be granted to a member without action by
the City Council. Alternate members shall be residents of the city.
Alternate members shall substitute for absent members on a rotating
basis. When substituting for an absent member, an alternate member
may vote and participate in all discussions of the board in the same
manner and to the same extent as the other members of the board.
Board members and alternate members shall be subject to any
forfeiture of office provisions of the Crestview Code of Ordinances.
Whenever an alternate member vacancy occurs on the board, the
City Council shall fill the vacancy for the remainder of the term as
soon as practicable after the vacancy occurs.
(d) Vacancies. If a vacancy occurs on the board as the result of a
resignation, death, or removal of a member, the senior alternate
member shall temporarily fill such vacancy without action by the
City Council, until the City Council appoints a successor regular
member. Any appointment made to fill any vacancy shall serve only
for the remainder of the term that was left vacant. In the event both
alternates have served for the same continuous period of time then
the alternate who is next scheduled to substitute for an absent regular
member according to the rotation schedule shall temporarily fill the
vacancy until the City Council appoints a successor. In the event that
the alternate member dies, resigns, is removed, or becomes a
member, the City Council shall promptly appoint a qualified person
to the unexpired term of the alternate.
(1) In the event a vacancy occurs on the board; an alternate
member may apply to be a regular member in the same
manner as other applicants. In the event an alternate member
is appointed as a regular member, then such appointment
shall simultaneously terminate such person's position as an
alternate member. In that event, the City Council may then
appoint another person to fill the resulting alternate member
vacancy.
(e) Attendance. In the event any member should miss three meetings in
a 12-month period without justification, they shall be considered as
resigned from the board. In that event, the City Council may then
appoint another person to fill the resulting vacancy.
(1) Alternate members may be allowed to miss up to five
meetings in a 12-month period without justification.
Page 48 of 188
(2) In the event of an absence of any member, the chairman of
the board shall determine if staff had any contact with the
absent member providing the reason for the said absence.
With that information the chairman shall ask for a motion
and to excuse or not excuse the absence.
(f) Compensation. Members of the board shall receive no salary for
their services but may receive such travel and other expenses while
on official business for the city as are made available by the City
Council for these purposes.
SECTION 2 – AMENDING SECTION 3.01.02 OF THE LAND DEVELOPMENT
CODE.
3.01.02 - Membership, Vacancy, Compensation
A. Membership. The board shall consist of five core members. All
members shall be residents of the city and will be appointed by a
majority vote of the City Council. The term of office for each
member shall be three years, or until a successor is appointed. The
term of office for the first two members appointed shall be two
years. Terms of office shall commence on the first day of march
April of the year in which appointed. Successors appointed prior to
the completion of a term shall serve only for the remainder of the
term they are succeeding. In no case shall terms automatically
extend or additional terms be granted to a member without action by
the City Council.
B. Ex-Officio Members. In addition to the five members, there may be
two ex officio members. One may be selected by the Okaloosa
County School Board, and one may be selected by the Commander
at Eglin Air Force Base. Each ex officio member may participate in
all discussions of the Board in the same manner and to the same
extent as the other members of the Board. The ex officio member
may not vote. Each ex officio member may serve at the sole
discretion of their represented agency.
C. Alternate members. In addition to the five members, two alternate
members may be appointed by a majority vote of the City Council
to serve as alternates for the term of one three years, or until a
successor is appointed. The term of office for the first alternate
member appointed shall be two years. Successors appointed prior to
the completion of a term shall serve only for the remainder of the
term they are succeeding. In no case shall terms automatically
extend or additional terms be granted to a member without action by
the City Council. Alternate members shall be residents of the city.
Page 49 of 188
Alternate members shall substitute for absent members on a rotating
basis. When substituting for an absent member, an alternate member
may vote and participate in all discussions of the board in the same
manner and to the same extent as the other members of the board.
Board members and alternate members shall be subject to any
forfeiture of office provisions of the Crestview Code of Ordinances.
Whenever an alternate member vacancy occurs on the board, the
City Council shall fill the vacancy for the remainder of the term as
soon as practicable after the vacancy occurs.
D. Vacancies. If a vacancy occurs on the board as the result of a
resignation, death, or removal of a member, the senior alternate
member shall temporarily fill such vacancy without action by the
City Council, until the City Council appoints a successor regular
member. Any appointment made to fill any vacancy shall serve only
for the remainder of the term that was left vacant. In the event both
alternates have served for the same continuous period of time then
the alternate who is next scheduled to substitute for an absent regular
member according to the rotation schedule shall temporarily fill the
vacancy until the City Council appoints a successor. In the event
that the alternate member dies, resigns, is removed, or becomes a
member, the City Council shall promptly appoint a qualified person
to the unexpired term of the alternate.
1. In the event a vacancy occurs on the Board; an alternate
member may apply to be a regular member in the same
manner as other applicants. In the event an alternate member
is appointed as a regular member, then such appointment
shall simultaneously terminate such person's position as an
alternate member. In that event, the City Council may then
appoint another person to fill the resulting alternate member
vacancy.
E. Attendance. In the event any member should miss three meetings
in a 12-month period without justification, they shall be considered
as resigned from the board. In that event, the City Council may then
appoint another person to fill the resulting vacancy.
1. Alternate members may be allowed to miss up to five
meetings in a 12-month period without justification.
2. In the event of an absence of any member, the Chairman of
the Board shall determine if Staff had any contact with the
absent member providing the reason for the said absence.
Page 50 of 188
With that information the Chairman shall ask for a motion
and to excuse or not excuse the absence.
F. Compensation. Members of the Board shall receive no salary for
their services but may receive such travel and other expenses while
on official business for the City as are made available by the City
Council for these purposes.
SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021,
Florida Statutes, Section 2 of the City Charter, and the City of Crestview Land Development Code.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s
designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day
of February, 2023.
Approved by me this 26th day of February, 2023.
______________________________________
J. B. Whitten
Mayor
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Page 51 of 188
CITY OF CRESTVIEW Item # 7.2.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Second reading
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/15/2024
SUBJECT: Ordinance 1963 - CRA Board Terms and Regulations
BACKGROUND:
At the December City Council Meeting, the Council provided direction for staff to evaluate the various Board
appointments that the City has and begin to draft code amendments that would simplify the Board's terms and,
to the degree possible, to allow more intentional, timely and comprehensive evaluation by the Council on an
annual basis. Staff discussed the Council's desired outcome further at the January 22nd City Council meeting.
DISCUSSION:
Resulting from previous discussions, staff identified the following provisions that would need to be added or
amended for each of the Boards identified by Council:
• Staggered terms - achieved by allowing the first appointed terms to be half of the regular term. This
effectively staggers the terms by 2 years.
• A consistent effective date for all appointments across all Boards (determined to be best suited as April
1st)
• Provision for appointments to vacant seats to carry through the remainder of the seat's term, rather than
start a new term for the individual that fills the vacancy
• Specific mention that terms will not carry forward until reappointed. That means the Council must
reappoint or appoint a new member before their term ends, rather than just allowing automatic term
extensions.
The amendments made to the Code of Ordinance sections regarding CRA membership serve to fulfill the above
requirements identified by the Council.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of
public services
Communication- To engage, inform and educate public and staff
FINANCIAL IMPACT
Page 52 of 188
There is not any anticipated financial impact expected from the adoption of this ordinance.
RECOMMENDED ACTION
Staff respectfully requests a motion to adopt Ordinance 1963 on Second Reading.
Attachments
1. Ordinance 1963 - CRA
Page 53 of 188
ORDINANCE: 1963
AN ORDINANCE AMENDING COMMUNITY REDEVELOPMENT
AGENCY TERM PROVISIONS AND REGULATIONS; PROVIDING
FOR AMENDMENT OF SECTION 2-98 OF THE CODE OF
ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS;
PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AMENDING SECTION 2-98 OF THE CODE OF ORDINANCES.
Sec. 2-98. Membership of board of commissioners.
The board of commissioners of the community redevelopment agency shall consist
of the members of the city council and two additional commissioners appointed by the city
council as provided for in Florida Statutes. Additional commissioners are subject to the
following provisions:
1. The term of office additional commissioners shall be four years, except that the first person
appointed shall initially serve a term of two years.
2. Terms of office shall commence on the first day of April of the year in which appointed.
3. Successors appointed prior to completion of a term shall serve only for the remainder of the term
they are succeeding.
4. Successors appointed to fill a vacancy shall serve only for the remainder of the term that was left
vacant.
5. In no case shall terms automatically extend or additional terms be granted to a commissioner
without action by the City Council.
SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes
and Section 2 of the City Charter.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or
the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not
affect the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public
hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
Page 54 of 188
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of February,
2023.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 26th day of February, 2023.
______________________________________
J. B. Whitten
Mayor
Page 55 of 188
ORDINANCE NO. 1963
AN ORDINANCE AMENDING COMMUNITY
REDEVELOPMENT AGENCY TERM PROVISIONS AND
REGULATIONS; PROVIDING FOR AMENDMENT OF
SECTION 2-98 OF THE CODE OF ORDINANCES;
PROVIDING FOR AUTHORITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S
ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1 – AMENDING SECTION 2-98 OF THE CODE OF ORDINANCES.
Sec. 2-98. Membership of board of commissioners.
The board of commissioners of the community redevelopment
agency shall consist of the members of the city council and two additional
commissioners appointed by the city council as provided for in Florida
Statutes. Additional commissioners are subject to the following additional
provisions:
(a) The term of office additional commissioners shall be four years,
except that the first person appointed shall initially serve a term of
two years.
(b) Terms of office shall commence on the first day of April of the year
in which appointed.
(c) Successors appointed prior to completion of a term shall serve only
for the remainder of the term they are succeeding.
(d) Successors appointed to fill a vacancy shall serve only for the
remainder of the term that was left vacant.
(e) In no case shall terms automatically extend or additional terms be
granted to a commissioner without action by the City Council.
SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021,
Florida Statutes and Section 2 of the City Charter.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this ordinance are declared severable.
Page 56 of 188
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s
designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day
of February, 2023.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 26th day of February, 2023.
______________________________________
J. B. Whitten
Mayor
Page 57 of 188
CITY OF CRESTVIEW Item # 7.3.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Second reading
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/15/2024
SUBJECT: Ordinance 1964 - Affordable Housing Advisory Committee Terms and Regulations
BACKGROUND:
At the December City Council Meeting, the Council provided direction for staff to evaluate the various Board
appointments that the City has and begin to draft code amendments that would simplify the Board's terms and,
to the degree possible, to allow more intentional, timely and comprehensive evaluation by the Council on an
annual basis. Staff discussed the Council's desired outcome further at the January 22nd City Council meeting.
DISCUSSION:
Resulting from previous discussions, staff identified the following provisions that would need to be added or
amended for each of the Boards identified by Council:
• Staggered terms - achieved by allowing the first four appointed terms be 2 years, rather than 3. This
effectively staggers those terms by 1 year.
• A consistent effective date for all appointments across all Boards (determined to be best suited as April
1st)
• Provision for appointments to vacant seats to carry through the remainder of the seat's term, rather than
start a new term for the individual that fills the vacancy
• Specific mention that terms will not carry forward until reappointed. That means the Council must
reappoint or appoint a new member before their term ends, rather than just allowing automatic term
extensions.
The amendments made to the Code of Ordinance sections regarding AHAC membership serve to fulfill the
above requirements identified by the Council.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of
public services
Communication- To engage, inform and educate public and staff
FINANCIAL IMPACT
Page 58 of 188
There is not any anticipated financial impact expected from the adoption of this ordinance.
RECOMMENDED ACTION
Staff respectfully requests a motion to adopt Ordinance 1964 on Second Reading.
Attachments
1. Ordinance 1964 - AHAC
Page 59 of 188
ORDINANCE: 1964
AN ORDINANCE AMENDING AFFORDABLE HOUSING ADVISORY
COMMITTEE TERM PROVISIONS AND REGULATIONS; PROVIDING
FOR AMENDMENT OF SECTION 32-18 OF THE CODE OF
ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS;
PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AMENDING SECTION 32-18 OF THE CODE OF ORDINANCES.
Sec. 32-18. – Affordable Housing Advisory Committee.
1. The Crestview Affordable Housing Advisory Committee, hereinafter referred to as the
committee, shall consist of 8 members, as stipulated in Section 420.9076, Florida Statutes.
1. The term of office for each member shall be three years, except that the first four
members appointed shall initially serve a term of two years.
2. The term of office for the appointed City Council member shall conclude coincidentally
with their council term or shall otherwise be at the discretion of the City Council.
3. Terms of office shall commence on the first day of April of the year in which appointed,
unless otherwise provided by City Council.
4. Successors appointed prior to completion of a term shall serve only for the remainder of
the term they are succeeding.
5. Successors appointed to fill a vacancy shall serve only for the remainder of the term that
was left vacant.
6. In no case shall terms automatically extend or additional terms be granted to a
commissioner without action by the City Council.
2. The committee shall serve in an advisory capacity, perform the required functions, and operate
as stipulated in Section 420.9076, Florida Statutes.
3. Appointment of individuals to the committee shall be by resolution of the city council.
4. Members shall initially serve for three-year terms and may be reappointed for subsequent terms.
5. A simple majority of the membership of the committee shall be required to conduct official
business.
6. Committee meetings shall be publicly noticed in a newspaper of general circulation.
7. Meetings shall be held annuallyin accordance with the requirements of Section 420.9076,
Florida Statutes. Additional meetings may be called as needed to conduct necessary business.
Administrative support for the committee shall be provided by the Community Development Services
Department and City Clerk’s office, as applicable.
SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021 and 420.9076,
Florida Statutes and Section 2 of the City Charter.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or
the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not
Page 60 of 188
affect the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public
hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of February,
2023.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 26th day of February, 2023.
______________________________________
J. B. Whitten
Mayor
Page 61 of 188
ORDINANCE NO. 1964
AN ORDINANCE AMENDING AFFORDABLE HOUSING
ADVISORY COMMITTEE TERM PROVISIONS AND
REGULATIONS; PROVIDING FOR AMENDMENT OF
SECTION 32-18 OF THE CODE OF ORDINANCES;
PROVIDING FOR AUTHORITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER’S
ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1 – AMENDING SECTION 32-18 OF THE CODE OF ORDINANCES.
Sec. 32-18. – Affordable Housing Advisory Committee.
(a)The Crestview Affordable Housing Advisory Committee,
hereinafter referred to as the committee, shall consist of 8 members,
as stipulated in Section 420.9076, Florida Statutes.
(1)The term of office for each member shall be three years,
except that the first four members appointed shall initially
serve a term of two years.
(2) The term of office for the appointed City Council member
shall conclude coincidentally with their council term or shall
otherwise be at the discretion of the City Council.
(3) Terms of office shall commence on the first day of April of
the year in which appointed, unless otherwise provided by
City Council.
(4) Successors appointed prior to completion of a term shall
serve only for the remainder of the term they are succeeding.
(5) Successors appointed to fill a vacancy shall serve only for
the remainder of the term that was left vacant.
(b)(6)In no case shall terms automatically extend or additional
terms be granted to a commissioner without action by the
City Council.
(c)(b)The committee shall serve in an advisory capacity, perform the
required functions, and operate as stipulated in Section 420.9076,
Florida Statutes.
(d)(c)Appointment of individuals to the committee shall be by resolution
of the city council.
Page 62 of 188
(e)(d)Members shall initially serve for three-year terms and may be
reappointed for subsequent terms.
(f)(e)A simple majority of the membership of the committee shall be
required to conduct official business.
(g)(f)Committee meetings shall be publicly noticed in a newspaper of
general circulation.
(h)(g)Meetings shall be held annuallyin accordance with the requirements
of Section 420.9076, Florida Statutes. Additional meetings may be
called as needed to conduct necessary business.
(i)(h)Administrative support for the committee shall be provided by the
Community Development Services Department and City Clerk’s
office, as applicable.
SECTION 3 – AUTHORITY. The authority for enactment of this ordinance is section 166.021
and 420.9076, Florida Statutes and Section 2 of the City Charter.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s
designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Page 63 of 188
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day
of February, 2023.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 26th day of February, 2023.
______________________________________
J. B. Whitten
Mayor
Page 64 of 188
CITY OF CRESTVIEW Item # 9.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Resolution
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/22/2024
SUBJECT: Resolution 24-3 - Annexation Moratorium Extension
BACKGROUND:
Voluntary Annexation is the process of incorporating property, at the owners’ request, into a City’s
jurisdictional boundary. The State has a number of requirements on the land that can be annexed, these include
contiguity to the City’s boundary line, compactness and service availability timelines.
DISCUSSION:
Previous fee moratoriums have proven to be successful at creating an opportunity for property owners to annex
into the City. It provided unique opportunities to annex properties into the City that then developed or are
planning to develop their properties. It also provided an opportunity to clean up some of the multiple enclaves
that exist. Staff would like to provide this opportunity again.
For this iteration of the moratorium, staff has included a geographic boundary within which the moratorium
will be effective.
Potential increases in annual tax base revenue streams can serve to curtail any initial “out-of-pocket”
expenditure from the City in its provision of staff time and Ad placement.
This is the same request as the previous successful waivers.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Communication – To engage, inform and educate public and staff.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
FINANCIAL IMPACT
Page 65 of 188
Financial impact is dependent upon the number of voluntary annexation applications submitted within the
specified moratorium time frame.
Staff review indicated approximately 10 hours of staff time required for each annexation, and the cost of public
notice, which could total approximately $1,000.00. When considering the benefits of annexation and the
potential tax revenue, especially in areas where City services are currently available, the return on initial
investment could be seen as soon as the first year following the annexation.
The successful annexation of this property will have positive future impacts, including ad valorem revenue
based on future taxable assessed value, development and building permit fees, and utility usage fees.
RECOMMENDED ACTION
Staff respectfully requests a motion to adopt Resolution 2024-3.
Attachments
None
Page 66 of 188
RESOLUTION: 2024- 3
A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA,
AMENDING THE COMPREHENSIVE FEE SCHEDULE, PROVIDING
FOR A TWELVE-MONTH WAIVER PERIOD FOR THE COLLECTION
OF ANNEXATION APPLICATION FEES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the imposition of voluntary annexation application fees is a product of the City of Crestview’s
home rule power; and
WHEREAS, the City Council of the City of Crestview finds that the collection of voluntary annexation
application fees is an important measure which ensures that staff time and the necessary Public Notices are
provided for in an equitable manner; and
WHEREAS, the City Council of the City of Crestview finds that voluntary annexation into the City is both a
benefit to the applicant and to the Citizens of Crestview; and
WHEREAS, the City Council of the City of Crestview finds that the current voluntary annexation application
fee may be over burdensome on those citizens wishing to be annexed into the City; and
WHEREAS, the City Council of the City of Crestview finds that a twelve-month waiver of the collection of
voluntary annexation application fees will continue to provide an opportunity for applicants to annex their
properties into the City of Crestview without the burden of the fee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this resolution is Section 166.021 and Section
163.31801, Florida Statutes and Article I, Section 2 of the City Charter.
SECTION 2. That the Comprehensive Fee Schedule; Planning and Zoning; Local Planning application,
administrative and processing fees, is hereby amended to read as follows:
Voluntary annexation
into the city
50 acres or less: $1,200.00
includes comp plan
amendment and rezoning.
More than 50 acres:
$1,200.00 plus $10 per acre
or fraction thereof –
includes comp plan
amendment and rezoning.
All costs included.
Resolution 2024-3
Moratorium effective for 12 months
beginning March 1, 2024 and ending
on February 28, 2025, applicable in the
geographic area bounded on each side by
the following:
South - Shoal River
East - Shoal River
West: Yellow River
North: The north section line of the
following: Sections 5 and 6, Township 3N,
Range 22W; Sections 1 through 6,
inclusive, Township 3N, Range 23W; and
Sections 1 and 2, Township 3N, Range
24W.
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The waiver shall be applied to all
applicable Annexation, Comprehensive
Plan Amendment, and Zoning Change
applications, being annexed into the City
of Crestview. This fee waiver is only
applicable to those applications for
annexation as described above and shall
not be applied to Comprehensive Plan
Amendments or Zoning Change
applications absent an annexation
application for the same property(s). The
waiver shall not be applied retroactively to
any application for annexation, nor shall it
apply to any annexation application that
was voluntarily cancelled within 180 days
of the effective date of this section.
SECTION 3 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this resolution or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this resolution which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this resolution are declared severable.
SECTION 4 – REPEALER. All resolutions or parts of resolutions in conflict with the provisions of this
resolution are hereby repealed to the extent of such conflict.
SECTION 5 - EFFECTIVE DATE. This resolution shall become effective March 1, 2024.
PASSED AND ADOPTED IN REGULAR SESSION THIS 26th DAY OF FEBRUARY, 2024.
APPROVED:
_____________________________________
J. B. Whitten
Mayor
ATTEST:
______________________________________
Maryanne Schrader
City Clerk
Page 68 of 188
CITY OF CRESTVIEW Item # 9.2.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Resolution
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/22/2024
SUBJECT: Resolution 24-4 Affordable Housing Advisory Committee Appointment
BACKGROUND:
Last year, the City of Crestview took the various steps necessary to adopt provisions in our Code of Ordinances
that allows us to receive and administer funds for affordable housing through the State Housing Initiaives
Partnership (SHIP) Program. Part of this process requires the municipality to form an Affordable Housing
Advisory Committee (AHAC), whose composition and general responsibilities are governed by State Statute.
DISCUSSION:
Per Section 420.9076 of State Statute, the Affordable Housing Advisory Committee must consist of at least 8
and not more than 11 members, with one being a locally elected official, and one representative from at least
six of the below categories:
(a) A citizen who is actively engaged in the residential home building industry in connection with
affordable housing.
(b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with
affordable housing.
(c) A citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing.
(d) A citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
(e) A citizen who is actively engaged as a for-profit provider of affordable housing.
(f) A citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) A citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local
planning agency is comprised of the governing board of the county or municipality, the governing board
may appoint a designee who is knowledgeable in the local planning process.
(i) A citizen who resides within the jurisdiction of the local governing body making the appointments.
(j) A citizen who represents employers within the jurisdiction.
(k) A citizen who represents essential services personnel, as defined in the local housing assistance
plan.
Per statute, the committee is generally required to analyze the City's Local Housing Assistance Plan (LHAP) to
consider adoption of additional Affordable Housing Incentive Strategies enumerated in Section 420.9076(4), as
well as generally analyze the City's adopted plans, codes, policies and procedures for impediments to
development of affordable housing. Due to the City receiving the minimum allocation under the SHIP program,
we are only required to convene the board one time for this analysis, rather than on an annual basis. The
Page 69 of 188
prospective date for that meeting will be preceding the second March City Council meeting, on March 25th at
5:00 pm.
Previously, Councilmember R. Bullard expressed interest in serving on this committee, and has been included
in the appointment accordingly.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of
public services
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The appointment of this committee will allow the necessary functions in statute to be completed, ensuring
future availability of SHIP funds for affordable housing.
RECOMMENDED ACTION
Staff respectfully requests a motion adopting Resolution 24-4.
Attachments
None
Page 70 of 188
RESOLUTION: 2024- 4
A RESOLUTION APPOINTING MEMBERS OF THE AFFORDABLE
HOUSING ADVISORY COMMITTEE; PROVIDING FOR AUTHORITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this resolution is section 420.9076, Florida
Statutes, and Section 32-18 of the Code of Ordinances.
SECTION 2 – AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBER APPOINTMENT. The
members of the affordable housing advisory committee are hereby appointed as follows:
Name Representative Category Term
Ryan Bullard Elected Official 3/1/24 – 4/1/26
Nitsi Bennett Citizen engaged in residential home building industry 3/1/24 – 4/1/26
Derek Lott Citizen engaged in the banking or mortgage banking industry 3/1/24 – 4/1/26
Doug Shepheard Citizen representative of those areas of labor engaged in home
building
3/1/24 – 4/1/26
Cecil Williams Citizen engaged in as a not-for-profit provider of affordable
housing
3/1/24 – 4/1/27
Shannon Hayes Citizen actively serving on the LPA 3/1/24 – 4/1/27
Alex Barthe Citizen representing employers within the jurisdiction 3/1/24 – 4/1/27
Josh Vargason Citizen representing essential services personnel 3/1/24 – 4/1/27
SECTION 3 – EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption.
Passed and adopted by the City Council of Crestview, Florida on the 26th day of February, 2024.
ATTEST:
_____________________________________
Maryanne Schrader
City Clerk
Approved by me this 26th day of February, 2024.
______________________________________
J. B. Whitten
Mayor
Page 71 of 188
Page 72 of 188
CITY OF CRESTVIEW Item # 10.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Wayne Steele, Director of Operations, Carlos Jones, Assistant Director
DATE: 2/22/2024
SUBJECT: Water Tower Site on Old Bethel Road
BACKGROUND:
Live Oak Fiber bought a parcel of land off Old Bethel road for their utility controller. The County denied their
ROW permit due to property acquisition issues with the Old Bethel Road 4 laning project. They approached the
City to purchase land off Sioux Circle but were not able to secure a location. An easement within the Sioux
Circle ROW was not possible due to traffic and intersection visibility concerns. A final option of using the
Water Tower site on Old Bethel was discussed as an alternative.
DISCUSSION:
The request is to approve the easement for Live Oak Fiber to construct a control panel and generator on the
Water Tower #5 site.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
Page 73 of 188
There is no financial impact.
RECOMMENDED ACTION
Staff respectfully requests a motion that the City Council approve the Water Tower Site easement for Old
Bethel Road.
Attachments
1. City of Crestview Easement Request Nov 2023
2. CRV4 Final Site Survey
3. CRV-4 Site plan
Page 74 of 188
This instrument prepared by:
C. Jeffrey McInnis, Esq.
Anchors Smith Grimsley, PLC
909 Mar Walt Drive, Ste 1014
Fort Walton Beach, FL 32547
850-863-4064
CITY OF CRESTVIEW, PUBLIC SERVICES DEPARTMENT EASEMENT
KNOWN ALL MEN BY THESE PRESENTS, that THE CITY OF CRESTVIEW, FLORIDA, a
Florida Municipal Corporation (“Grantor”), whose address is 715 North Ferdon Blvd, Crestview, Florida
32536 for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration
in hand paid by LIVEOAK FIBER, LLC, a Delaware limited liability company (“Grantee”), whose post
office address is 808 Gloucester Street, Brunswick, Georgia, 31520, the receipt whereof is hereby
acknowledged, does hereby grant and convey to Grantee, its successors and assigns, a perpetual easement
with and for the right of installing, maintaining, replacing, adding and operating it’s communications
equipment together with ancillary facilities and equipment related thereto, including but not limited to
wires, cables, conduits, pipes, utility cabinet/hut structures, emergency power generators, fences, screening,
and electric, fiber, gas and other utility connections to provide internet services to the surrounding area and
uses incidental thereto, over, under and across the following described property in Okaloosa County,
Florida, to wit:
TO HAVE AND TO HOLD the said easement and right-of-way hereinabove granted to the said
Grantee, its successors, and assigns, subject to the conditions herein, forever for the use and purpose
aforesaid and for no other purpose.
Page 75 of 188
In the event that the Grantee, or its successors or assigns should cease using the easement area for
the purposes described herein, then this easement shall immediately become null and void and the Grantee,
its successors and assigns shall have no further right, title or interest in and to the subject parcel.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ________________,
2023.
[REMAINDER OF PAGE BLANK – SIGNATURE PAGES ON FOLLOWING PAGES]
Page 76 of 188
Signed, sealed and delivered
in the presence of: City of Crestview, Florida,
a municipal corporation
Sign: ____________________________________ By: ____________________________________
NAME
Print: ____________________________________ TITLE
Sign: ____________________________________
Print: ____________________________________
STATE OF FLORIDA
COUNTY OF OKALOOSA
The foregoing instrument was acknowledged before me, by means of [ ] physical presence or [ ]
online notarization this ____ day of _____________ 2023 by _________________________. He/she is
personally known to me or has produced _______________________________________________ as
identification.
______________________________________________
SIGNATURE OF NOTARY PUBLIC
SEAL:
______________________________________________
PRINTED NAME OF NOTARY PUBLIC
My Commission Expires: ________________________
Page 77 of 188
Page 78 of 188
Page 79 of 188
CITY OF CRESTVIEW Item # 10.2.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/22/2024
SUBJECT: Rayburn Street Apartments Traffic MOU
BACKGROUND:
Staff received the initial application submittal for the Rayburn Street Apartments project, a 10-unit apartment
complex, at the end of N. Rayburn Street, directly north of the railroad tracks, on October 26, 2023. For
commercial projects, Public Services staff reviews each project's traffic study or report, and any transportation
related improvements proposed, to determine what improvements or contributions need to be made by the
developer resulting from the impact of their proposed development, via a Memorandum of Understanding
(MOU).
DISCUSSION:
For the Rayburn Street Apartments project, Public Services staff reviewed the traffic study provided, resulting
in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to
exceed the total amount of $3,800.00 to be held in escrow by the City of Crestview for proposed offsite
roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an
established per-trip cost based on the total average trips per day generated by the development. The obligation
to deposit the money in escrow and participate shall occur before the Development Order is issued.
This MOU, if approved, also needs to be signed by the Mayor and the City Clerk.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Infrastructure – Satisfy current and future infrastructure needs.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Safety – Ensure the continuous safety of citizens and visitors.
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Mobility – Provide safe, efficient and accessible means for mobility.
FINANCIAL IMPACT
This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact
resulting from this development.
RECOMMENDED ACTION
Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the
Mayor and City Clerk for signature.
Attachments
1. Traffic Memorandum of Understanding - Rayburn Street Apartments
Page 81 of 188
Page 82 of 188
CITY OF CRESTVIEW Item # 10.3.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Stephen McCosker, Police Chief, Brian McCallum, Major
DATE: 2/22/2024
SUBJECT: Approval to Spend Forfeiture Funds
BACKGROUND:
The Florida Contraband Forfeiture Act allows law enforcement to seize certain property. If the seizing agency
is a municipality, the proceeds are deposited in a special law enforcement trust fund established by the
governing body of the municipality. Section 932.705(4)(a). The appropriate use of those funds must be
approved by the governing board.
DISCUSSION:
The City of Crestview Police Department is planning its Annual Community Unity Flashlight Walk. The
Community Unity Flashlight Walk is an opportunity for the community to come together for a time of
fellowship, partnership, and a demonstration of unity in our community. The flashlight portion of the walk is
symbolic of our community uniting to place a light on crime and the perception of crime for the purpose of
fostering crime reporting and safe neighborhoods. The walk will be held on February 24, 2024, gathering at
5:45 p.m. with a start and end location of Crestview City Hall. The walk will be a total of 1.2 miles between
Wilson Street and Main Street.
The Police Department requests to utilize $5,000.00 from the Federal Forfeiture Fund, which currently has
$26,025.24. This request will reimburse the Crestview Citizens Police Academy Alumni for supplies, food and
miscellaneous items purchased for the Community Unity Flashlight Walk and other programs. This request
will also ensure the success of future events and community programs.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Page 83 of 188
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
Currently, there is $26,025.24 in the Federal Forfeiture Fund. To ensure the success of this event and future
events and community programs, the police department would like to utilize $5,000.00 from the Federal
Forfeiture account to buy supplies, food and miscellaneous items. This request complies with the requirements
of Section 932.7055 (5), Florida Statutes.
RECOMMENDED ACTION
Staff respectively request that the City Council approve the request to utilize $5,000.00 from the Federal
Forfeiture Fund for the Community Unity Flashlight Walk and other programs.
Attachments
None
Page 84 of 188
CITY OF CRESTVIEW Item # 10.4.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jessica Leavins, Administrative Services Director
DATE: 2/22/2024
SUBJECT: Purchase of additional Cartegraph domains
BACKGROUND:
In June 2023 the City of Crestview completed the RFP process and purchased Cartegraph as our computerized
maintenance management software(CMMS). This purchase included modules to track assets in our Water,
Sewer, Streets, Stormwater, and Fleet divisions.
Our wastewater treatment plant, currently managed by Jacobs Engineering, utilizes a standalone CMMS -
Maintenance Connection. The data tracked inside this software is only available to employees of the
subcontractor. The lack of data transfer between the city and the contractor has created an issue when
developing long-range plans for the facility.
Currently, the City of Crestview does not have a software solution for managing our facility and recreation-
based assets.
DISCUSSION:
After implementing the water, sewer, streets, and fleet modules, it was identified that it would be beneficial to
implement additional Cartegraph modules for facilities, parks, and wastewater treatment.
This solution will provide transparent preventive maintenance schedules for our facilities and recreational
assets in order to lengthen their lifespan, improve communication and tracking by providing automated work
order processes and capture data to assist in the decision-making process specific to where and when
maintenance dollars should be spent.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Quality of Life- these areas focus on the overall experience when provided by the city.
Page 85 of 188
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The purchase of the additional domains for facilities, parks, and wastewater treatment includes $49,450 for
training and implementation, listed on the proposal as professional services, and a yearly software subscription
fee of $33,320.
This expense will be funded through both the general fund and the wastewater treatment fund and is available
in the current year's budget.
RECOMMENDED ACTION
Staff respectfully requests the City Council approve the purchase and the Mayor to sign the contract with
OpenGov.
Attachments
1. City of Crestview FL_SOW_PS-05585_v1_2.14.2024 (1)
Page 86 of 188
Statement of Work
City of Crestview,FL
Creation Date:2.14.2024
Document Number:PS-05585
Version Number:1
Created by:Jennifer Nordin
2023 Enterprise Asset Management Statement of Work v1
Page 87 of 188
Table of Contents
1.Overview and Approach 3
1.1.Agreement 3
2.Statement of Work 3
2.1.Project Scope 3
2.2.Facilities and Hours of Coverage 4
2.3.Key Assumptions 4
2.4.Exclusions 4
2.5.OpenGov Responsibilities 5
2.5.1.Activity 1 –Project Management 5
2.5.2.Activity 2 –Initialization 6
2.5.3.Activity 3 –OpenGov Domains 6
2.5.4.Activity 4 –Training 7
2.6.Your Responsibilities 7
2.6.1.Your Project Manager 7
2.7.Completion Criteria 8
2.8.Estimated Schedule 8
2.9.IIllustrative Project Timelines 8
2.10.Offer Expiration Date 8
Appendix A:Engagement Charter 9
A-1:Communication and Escalation Procedure 9
A-2:Change Order Process 9
A-3:Deliverable Materials Acceptance Procedure 10
Appendix B:Implementation Activities 11
2023 Statement of Work v1
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1.Over view and Approach
1.1.Agreement
This Statement of Work (“SOW”)identifies services that OpenGov,Inc.(“OpenGov”or “we”)will
perform for City of Crestview,FL (“Customer”or “you”)pursuant to that order for Professional
Ser vices entered into between OpenGov and the Customer (“Order Form”)which references the
Master Services Agreement or other applicable agreement entered into by the parties (the
“Agreement”).
●Customer acknowledges and agrees that this Statement of Work is subject to the
confidentiality obligations set forth in the Agreement between OpenGov and Customer.
●The Deliverables listed in Appendix B are the single source of the truth of the deliverables
to be provided.
●Customer ’s use of the Professional Services is governed by the Agreement and not this
SOW.
●Upon execution of the Order Form or other documentation referencing the SOW,this SOW
shall be incorporated by reference into the Agreement.
●In the event of any inconsistency or conflict between the terms and conditions of this SOW
and the Agreement,the terms and conditions of this SOW shall govern with respect to the
subject matter of this SOW only.Unless other wise defined herein,capitalized terms used in
this SOW shall have the meaning defined in the Agreement.
●This SOW may not be modified or amended except in a written agreement signed by a duly
authorized representative of each party.
●OpenGov will be deployed as is,Customer has access to all functionality available in the
current release.
2.Statement of Work
This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as
defined in the OpenGov Responsibilities section of this document (Section 2.5).Any additional
services or support will be considered out of scope.
2.1.Project Scope
Under this project,OpenGov will deliver cloud based Enterprise Asset Management
solutions to help the Customer power a more effective and accountable government.
OpenGov's estimated charges and schedule are based on performance of the activities
listed in the “OpenGov Responsibilities”section below.Deviations that arise during the
project will be managed through the procedure described in Appendix A-2:Project Change
Control Procedure,and may result in adjustments to the Project Scope,Estimated
Schedule,Charges and other terms.These adjustments may include charges on a
time-and-materials or fixed-fee basis using OpenGov ’s standard rates in effect from time to
time for any resulting additional work or waiting time.
2023 Statement of Work v1
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2.2.Facilities and Hours of Coverage
OpenGov will:
A.Perform the work under this SOW remotely,except for any project-related activity
which OpenGov determines would be best performed at your facility in order to
complete its responsibilities under this SOW.
B.Provide the Services under this SOW during normal business hours,8:30am to
6:00pm local time,Monday through Friday,except holidays.
2.3.Key Assumptions
The SOW and OpenGov estimates are based on the following key assumptions.Deviations
that arise during the proposed project will be managed through the Project Change Control
Procedure (see Appendix A-2),and may result in adjustments to the Project Scope,
Estimated Schedule,Charges,and other terms.
Per
A.The OpenGov Suites are not customized beyond current capacities based on the
latest release of the software.
B.Individual software modules are configured based on discussions between OpenGov
and Customer.
C.Enterprise Asset Management
i.OpenGov will provide all services remotely via audio;video;and web
conferences unless otherwise noted.
ii.OpenGov assumes that the customer is responsible for performing quality
control measures on its data in EAM.
iii.OpenGov assumes that the customer is responsible for testing its
workflows,automations,integrations,and configurations within the EAM
and will update the configurations as part of its testing and training
activities.
iv.OpenGov assumes that the customer accepts EAM upon the completion of
the go-live event
v.If a non-API integration is included in scope,Customer is responsible for
engaging third party vendor to obtain data,configuration,and/or third party
integration support.
vi.If an API integration is included in scope,Customer is responsible for
providing access to a test instance of the third party API including a URL,
authentication credentials,and relevant documentation.
vii.OpenGov best practice is to not exceed tested limits of the product.
2.4.Exclusions
The following service items are not included in the scope of this project:
A.Implementation of any custom modification or integration developed by OpenGov;
your internal staff;or any third-party is not included in the scope of this project
unless specifically listed in Appendix B.
2023 Statement of Work v1
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B.Data conversion ser vices from other software system(s)or sources (including
Navigator databases)are not included in the scope of this project unless
specifically listed in Appendix B.
C.Any service items discussed during demonstrations;conference calls;or other
events are not included in the scope of this project unless specifically listed in
Appendix B.
2.5.OpenGov Responsibilities
2.5.1.Activity 1 –Project Management
OpenGov will provide project management for the OpenGov responsibilities in this SOW.
The purpose of this activity is to provide direction to the OpenGov project personnel and to
provide a framework for project planning,communications,reporting,procedural and
contractual activity.This activity is composed of the following tasks:
Planning
OpenGov will:
A.review the SOW,contract and project plan with Customer ’s Project Manager and key
stakeholders to ensure alignment and agreed upon timelines;
B.maintain project communications through your Project Manager;
C.establish documentation and procedural standards for deliverable Materials;and
D.Collaborate with your Project Manager to prepare and maintain the project plan for
the performance of this SOW which will include the activities,tasks,assignments,
and project milestones.
Project Tracking and Reporting
OpenGov will:
A.review project tasks,schedules,and resources and make changes or additions,as
appropriate.Measure and evaluate progress against the project plan with your
Project Manager;
B.work with your Project Manager to address and resolve deviations from the project
plan;
C.conduct regularly scheduled project status meetings;and
D.administer the Project Change Control Procedure with your Project Manager.
Completion Criteria:
This is an on-going activity which will be considered complete at the end of the Services
contract.
Deliverable Materials:
●Weekly status reports
2023 Statement of Work v1
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●Project plan
●Project Charter
●Risk,Action,Issues and Decisions Register (R AID)
2.5.2.Activity 2 –Initialization
OpenGov will provide the following:
A.Customer Entity configuration
B.System Administrators creation
C.Solution Blueprint creation
D.Data Validation strategy confirmation
Completion Criteria:
This activity will be considered complete when:
●Customer Entity is created
●System Administrators have access to Customer Entity
●Solution Blueprint is presented to Customer
Deliverable Materials:
●Solution Blueprint
●Sign-off of Initial Draft Solution Blueprint
2.5.3.Activity 3 –OpenGov Domains
OpenGov will provide the following:
Enterprise Asset Management Domains
A.Facilities
B.Wastewater Treatment
C.Parks and recreation
Completion Criteria:
This activity will be considered complete when:
●Instance setup is completed
●Requirements Gathering is completed
●Start up Data is loaded
●Asset Installation is completed
●Data conversion is completed
Deliverable Materials:
●Formal sign off document
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2.5.4.Activity 4 –Training
Training will be provided in instructor-led virtual sessions unless otherwise specified in
Appendix B.For any instructor-led virtual sessions,the class size is recommended to be 10,
for class sizes larger than 10 it may be necessar y to have more than one instructor.
Completion Criteria:
●Software training is delivered
Deliverable Materials:
●Formal sign off document
2.6.Your Responsibilities
The completion of the proposed scope of work depends on the full commitment and
participation of your management and personnel.The responsibilities listed in this section
are in addition to those responsibilities specified in the Agreement and are to be provided
at no charge to OpenGov.OpenGov's performance is predicated upon the following
responsibilities being managed and fulfilled by you.Delays in performance of these
responsibilities may result in delay of the completion of the project and will be handled in
accordance with Appendix A-2:Project Change Control Procedure.
2.6.1.Your Project Manager
Prior to the start of this project,you will designate a person called your Project Manager
who will be the focal point for OpenGov communications relative to this project and will
have the authority to act on behalf of you in all matters regarding this project.
Your Project Manager's responsibilities include the following:
A.manage your personnel and responsibilities for this project (for example:ensure
personnel complete any self-paced training sessions,configuration,validation or
user acceptance testing);
B.serve as the interface between OpenGov and all your departments participating in
the project;
C.administer the Project Change Control Procedure with the Project Manager;
D.participate in project status meetings;
E.obtain and provide information,data,and decisions within five (5)business days of
OpenGov ’s request unless you and OpenGov agree in writing to a different response
time;
F.resolve deviations from the estimated schedule,which may be caused by you;
G.help resolve project issues and escalate issues within your organization,as
necessar y;and
H.create,with OpenGov ’s assistance,the project plan for the performance of this SOW
which will include the activities,tasks,assignments,milestones and estimates.
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2.7.Completion Criteria
OpenGov will have fulfilled its obligations under this SOW when any of the following first
occurs:
A.OpenGov accomplishes the activities set forth in “OpenGov responsibilities”section
and delivers the services in Appendix B as listed,if any;or
B.The End date is reached
2.8.Estimated Schedule
OpenGov will schedule resources for this project upon signature of the order form.Unless
specifically noted,the OpenGov assigned project manager will work with Customer Project
Manager to develop the project schedule for all requested deliverables under this SOW.
OpenGov reserves the right to adjust the schedule based on the availability of OpenGov
resources and/or Customer resources,and the timeliness of deliverables provided by the
Customer.
The Ser vices are currently estimated to start within two (2)weeks but no later than four (4)
weeks from signatures and have an estimated end date of nine months after project kick
off (“End Date”)or on other dates mutually agreed to between you and OpenGov.
2.9.IIllustrative Project Timelines
The typical project timelines are for illustrative purposes only and may not reflect your use
cases.
2.10.Offer Expiration Date
This offer will expire on May 14,2024 unless extended by OpenGov in writing.
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Appendix A:Engagement Charter
A-1:Communication and Escalation Procedure
Active engagement throughout the implementation process is the foundation of a successful
deployment.To help assess progress,address questions,and minimize risk during the course of
deployment both parties agree to the following:
●Regular communication aligned to the agreed upon project plan and timing.
○OpenGov expects our customers to raise questions or concerns as soon as they
arise.OpenGov will do the same,in order to be able to address items when known.
●Executive involvement
○Executives may be called upon to clarify expectations and/or resolve confusion.
○Executives may be needed to steer strategic items to maximize the value through
the deployment.
●Escalation Process:
○OpenGov and Customer agree to raise concerns and follow the escalation process,
resource responsibility,and documentation in the event an escalation is needed to
support issues raised
●Identification of an issue impeding deployment progress,outcome or
capturing the value proposition,that is not acceptable.
●Customer or OpenGov Project Manager summarizes the problem statement
and impasse.
●Customer and OpenGov Project Managers jointly will outline solution,
acceptance or schedule Executive review.
●Resolution will be documented and signed off following Executive review.
●Phase Sign-Off
○OpenGov requests sign-offs at various stages during the implementation of the
project.Once the Customer has signed-off,any additional changes requested by
Customer on that stage will require a paid change order for additional hours for
OpenGov to complete the requested changes.
A-2:Change Order Process
This SOW and related efforts are based on the information provided and gathered by OpenGov.
Customers acknowledge that changes to the scope may require additional effort or time,
resulting in additional cost.Any change to scope must be agreed to in writing or email,by both
Customer and OpenGov,and documented as such via a:
●Change Order -Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change,it may or may not alter the original contract
amount or completion date and be paid for by Customer.Changes might include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Amending the SOW to correct an error.
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o Extension of work as the complexity identified exceeds what was expected by
Customer or OpenGov.
o Change in type of OpenGov resources to support the SOW.
A-3:Deliverable Materials Acceptance Procedure
Deliverable Materials as defined herein will be reviewed and accepted in accordance with the
following procedure:
●The deliverable Material will be submitted to your Project Manager.
●Your Project Manager will have decision authority to approve/reject all project Criteria,
Phase Acceptance and Engagement Acceptance.
●Within five (5)business days of receipt,your Project Manager will either accept the
deliverable Material or provide OpenGov ’s Project Manager a written list of requested
revisions.If OpenGov receives no response from your Project Manager within five (5)
business days,then the deliverable Material will be deemed accepted.The process will
repeat for the requested revisions until acceptance.
●All acceptance milestones and associated review periods will be tracked on the project
plan.
●Both OpenGov and Customer recognize that failure to complete tasks and respond to open
issues may have a negative impact on the project.
●For any tasks not yet complete,OpenGov and/or Customer will provide su cient resources
to expedite completion of tasks to prevent negatively impacting the project.
●Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed
as specified in the Escalation Procedure set forth in Appendix A-1.As set forth in the
“Customer Delays”provision of the Agreement,if there are extended delays (greater than 10
business days)in Customer ’s response for requested information or deliverable;OpenGov
may opt to put the project on an "On Hold"status.After the Customer has fulfilled its
obligations,Professional Services can be resumed and the project will be taken off the
"On-Hold"status.
●Putting a project “on Hold”may have several ramifications including,but not restricted,to
the following:
○Professional Services to the customer could be stopped;
○Delay to any agreed timelines;or
○Not having the same Professional Services team assigned.
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Appendix B:Implementation Activities
Setup
OpenGov will:
●Setup a hosted,sandbox and production OpenGov Asset Management environment.
●Provide an overview,up to two (2)hours,of OpenGov and ArcGIS Online user-based logins
and User/Role functionality.
●Provide a template file to be utilized by your staff to populate Roles and Users to be utilized
for OpenGov Asset Management.
●Utilize the template to create users and roles in OpenGov Asset Management.(Note:
Subsequent User and/or Role changes will be your administrator ’s responsibility.)
●Provide documentation and guidance,up to four (4)hours,for your technical GIS staff to
configure Esri Basemap Services for OpenGov Asset Management integration.Guidance will
be geared towards OpenGov Asset Management/Esri integration functionality and
requirements.
●Setup the OpenGov Asset Management Platform,including the Request,Work,Resource,
and Asset Management areas of the software.Asset Management solutions will be setup for
all solutions referenced in the Assets section of the scope unless other wise noted.
Requirements Gathering
OpenGov will
●Provide a remote,up to twelve (12)hours,requirement gathering workshop to increase our
understanding of your business and functional goals.Through workshops and interviews,
OpenGov will identify best fit scenarios for OpenGov Asset Management and provide a brief
including any challenges as well as recommendations for OpenGov Asset Management best
practices relevant to your implementation.
Configurations
OpenGov will:
●Provide configuration services,including:
o Up to ten (10)custom fields and up to two (2)custom layouts per asset type listed in
the Assets section below
o Up to thirty (30)custom fields and up to ten (10)custom layouts to be utilized in any
of the shared areas of the system,such as Tasks
o Up to twenty (20)automations
o Up to twenty (20)preventative maintenance plans
Training
OpenGov will:
Foundational Training
●Provide remote train-the-trainer training,up to two (2)hours,on overall system navigation
and functionality to help familiarize your staff with the software environment and its
common functions.Training topics include:
o Dashboards
o Standard KPI/ROI Gadgets
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o Logins/Permission
o Layers
o Filters
o Maps
o Grids
o System Navigation
o Views (List &Detail)
o Standard Reports
o Attachments
o Requests,Work,Assets,Resources,Reports,and Administrator Tabs
●Provide remote train-the-trainer training,up to one (1)hour,for an overview of Preventative
Maintenance Plans.
●Provide remote train-the-trainer training,up to one (1)hour,for an overview of Asset
Condition Manager and Advanced Inspections.
●Provide remote train-the-trainer training,up to two (2)hours,for an overview of Reporting.
●Provide remote train-the-trainer training,up to two (2)hours,on OpenGov Asset
Management Esri integration functionality.Training topics include:
o OpenGov Asset Management Esri integration configuration options
o Integration functionality (basemap and feature)
o Overall Esri integration requirements,considerations,and OpenGov recommended
best practices
Train the Trainer Training Event
●Provide a two-day (2-day)onsite "train-the-trainer"training event.The training agenda will
be defined and agreed upon by both OpenGov and your project manager.To avoid
redundancy,and to utilize service time e ciently,training may cover a subset of the assets
listed in the Asset section of the scope.Topics may include any of the following:
o Request Management:
▪Requests
▪Requesters
▪Task Creation from Requests
▪Issue library (including settings such as Applies to Asset and Non-Location)
▪OpenGov recommended best practices for Request and Requester
Management
o Work Management:
▪Create Task(s)(Asset/Non-Asset)
▪Assignments (Add,Edit,Remove)
▪Task Menu Actions
▪Related Work Items
▪Create Work Order
▪Associate Task to WO
▪Repeat Work Orders
▪Work Order Menu Actions
▪Enter Resources
▪Timesheets
▪Activity librar y (including settings such as Applies to Asset,Inspection,Key
Dates,Cost,and Productivity)
▪OpenGov recommended best practices for Work Management
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o Asset Management:
▪Asset Details
▪Preventative Maintenance Plans
▪Inspections
▪Linked assets (if applicable)
▪Container/Component Relationships (if applicable)
▪OpenGov recommended best practices for Asset Management
o Resource Management:
▪Resource Details
▪Labor/Equipment Rates
▪Material Management (Stock,Usage,Adjustments)
▪Vendor Price Quotes
▪OpenGov recommended best practices for Resource Management
o OpenGov Mobile:
▪Overall system functionality (Navigation,Interface,Maps,Attachments,
Sorting)
▪Work Management
●Create and Update Tasks (Asset/Non-Asset)
●Assign Tasks
●Enter Resources
●Inspections
▪Asset Management
●Create and Update Assets
▪Request Management
●View and Update Requests
●View Requester information
●Create Task from Request
▪OpenGov recommended best practices for mobile device use
o Administrator:
▪Administrator:
●User Administration,Role Administration,Asset Administration,Record
Filter Administration,Import/Export,Scheduled Process Log,Error Log
▪Settings:
●System Settings,Map Administration,Geocode Settings,GIS Integration
settings,Asset Color Manager
▪Manager:
●Layout Manager,Library Manager,Preventative Maintenance,Asset
Condition Manager,Notification Manager,Structure Manager,Automation
●Manager
Advanced Training Topics:
●Provide Preventative Maintenance Plans remote train-the-trainer training,up to three (3)
hours.Training topics include:
o Preventative Maintenance
o OpenGov recommended best practices for proactive asset management
●Provide Advanced Inspections,Asset Condition Manager,and Asset Risk remote
train-the-trainer training,up to four (4)hours.Training topics include:
o Performance Management
▪Prediction Groups
▪Minimum Condition Groups
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▪Activities and Impacts
▪Criticality Factor
▪Install/Replaced Dates
o Business Risk Exposure
▪Risk
▪Consequence of Failure
▪Probability of Failure
o OpenGov recommended best practices for Asset Risk Functionality ,advanced
inspections and condition management
●Provide Internal Request remote train-the-trainer training,up to two (2)hours.Training
topics include:
o Internal Requests
▪Users
▪Views
▪Issue Library settings and management
o OpenGov recommended best practices for advanced request management
●Provide Scenario Builder overview remote train-the-trainer training,up to four (4)hours.
Training topics include:
o Scenario Builder
▪Settings:
●Prediction Groups
●Minimum Condition Groups
●Activities and Impacts
●Criticality Factor
●Install/Replaced Dates
▪Scenarios:
●Planned Work
●Map Control
●Work Order Creation
●Scenario Types
●Plan Years and Budgets
●Protocols
●Data Exports
▪OpenGov recommended best practices for scenario builder
Go-Live Support
OpenGov will:
●Provide a remote,up to eight (8)hours,web conferences,to be utilized for Go-Live Support.
The agenda will be defined,and agreed upon,by both your and OpenGov ’s project managers.
Topics may include any of the following:
o Refresher training for items listed in the scope of work
o Software and process support for staff during production roll out
o Field,Layout,and Report configuration guidance,if applicable
Data Services
OpenGov will:
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●Provide one sandbox and one production data load service through standard import/export
functionality.OpenGov will provide template documents for data population.Once populated
by your staff,OpenGov will load the data into your sandbox or production OpenGov Asset
Management environment.Data loads may include data such as:
o Parent level asset records
o Asset location (spatial x/y)attributes
o Parent level resource (Labor,Equipment Material,Vendor)records
o Resource Rate (Labor,Equipment,Material)records
o Standard system libraries
●Provide ser vice for your historical data listed below:
o Maintenance Connection data related to:Assets,condition inspection history,
attachments
o For the custom data conversion service(s)listed above,OpenGov will provide:
▪A review of the historical data along with recommendations for OpenGov
Asset Management best fit.
▪A field map workshop,which will identify where and how historical data will
appear within OpenGov Asset Management
▪A test conversion service to facilitate data conversion validation and
testing
▪One revision of the field map used for the test conversion service
▪A production conversion service utilizing the final,approved field map
o All data must be accessible to OpenGov from a SQL DB,SQL View,Access DB or
Comma Delimited Files.
o Maximum historical record count:
▪Requests :150,000
▪Tasks:1,000,000
▪Overall Asset count:2,000,000
Assets
OpenGov will:
●Provide installation and training on the following asset types:
o Facilities (25)
▪Facility; Other Site Construction; Selective Building Demolition; Site
Improvement; Site Preparation; Facility Floor;Basement
Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility
Equipment; Fire Protection; Foundations; Furnishings; HVAC; Interior
Construction; Interior Finishes; Plumbing;Roofing; Site Electrical Utilities;
Site Mechanical Utilities;Spaces;Special
Construction; Stairs; Superstructure
o Wastewater Treatment Plant (36)
▪Wastewater Treatment Plant Blowers;Wastewater Treatment Plant
Compressors;Wastewater Treatment Plant Conveyors;Wastewater
Treatment Plant Electrical Generator;Wastewater Treatment Plant Facility;
Wastewater Treatment Plant HVAC Equipment;Wastewater Treatment
Plant Instrumentation;Wastewater Treatment Plant Motors;Wastewater
Treatment Plant Presses;Wastewater Treatment Plant Processes;
Wastewater Treatment Plant Pump;Wastewater Treatment Plant Screens;
Wastewater Treatment Plant Structure;Wastewater Treatment Plant UV;
Wastewater Treatment Plant Valves;Wastewater Treatment Plants;
Wastewater Treatment Plant Floor;Basement Construction;Conveying;
Exterior Enclosures;Facility Electrical;Facility Equipment;Fire Protection;
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Foundations;Furnishings;Interior Construction;Interior Finishes;
Plumbing;Roofing;Site Mechanical Issues;Special Construction;Stairs;
Superstructure;Selective Building Demolition;Site Preparation;Site
Improvement;Other Site Construction
o Parks and Recreation (10)
▪Athletic Space;Fence;Park;Park Structure;Playground Equipment;
Bench;Landscape Area;Park Amenity;Playground;Tree
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CITY OF CRESTVIEW Item # 10.5.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Jerry Whitten, Mayor
DATE: 2/22/2024
SUBJECT: RAM Program that Offers Free Medical, Dental, and Optical Care
BACKGROUND:
Remote Area Medical (RAM) operates free pop-up clinics in communities that invite them. They offer free
medical, dental, and optical screenings for those in need. This is a strictly volunteer-based event.
DISCUSSION:
Edward Mitchell has brought to our attention a program that he has been volunteering with for twenty years. He
is requesting any kind of assistance that the City would be willing to provide, such as roadblocks or police
officers to monitor the building. He is focusing on larger corporations for donations and would appreciate the
City's support in bringing RAM to Crestview.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
N/A
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RECOMMENDED ACTION
Staff respectfully requests a motion to provide assistance to the RAM program as able.
Attachments
1. RAM community Host group starter kit
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9 HOSTING A RAM CLINIC
Remote Area Medical only operates free, pop-up clinics in communities
that have invited us.
Motivated community members, community leaders, and/or local
nonprofits join together to host RAM clinics.
These compassionate coalitions for Community Host Groups (CHGs).
1 I REMOTE AREA MEDICAL®
RAM encourages and works closely with
� ......... the CHG team, who are key players in
making clinics a success.
Members of CHG Leadership Team:
•Community Host Group Lead
•Recruitment Chair
•Hospitality Chair
•Promotions Chair
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CITY OF CRESTVIEW Item # 12.1.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Action Item
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Tim Bolduc, City Manager
DATE: 2/22/2024
SUBJECT: Form 6 Litigation Update
BACKGROUND:
This item as been provided to the City for discussion and potential approval.
DISCUSSION:
The City Attorney will provide a report on this proposed resolution at the meeting.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
Potential financial impacts will be discussed at the meeting.
RECOMMENDED ACTION
Staff respectfully requests direction from the City Council on Resolution 24-05.
Attachments
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1. Form 6 Federal Complaint Filed
2. Form 6 State Complaint Filed
3. Request and Agreement to Serve As Named Plaintiff rev
4. Resolution 24-5 Authorizing Participation In Lawsuit Challenging Form 6 Requirement
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RESOLUTION: 2024- 5
A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA,
AUTHORIZING PARTICIPATION IN LITIGATION SEEKING A
DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d),
FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED
OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS
UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, since 1976, Article II, Section 8 of the Florida Constitution has required that all elected State
constitutional officers file a full and public disclosure of their financial interests, which is done through a state-
adopted form (“Form 6”) that requires, among other things, the disclosure of the specific amounts of an
official’s net worth, income and asset values; and
WHEREAS, historically, municipal elected officials have been required to make a more limited financial
disclosure that is done through a different state-adopted form (“Form 1”) that requires, among other things, the
disclosure of information related to sources of income, real property, intangible personal property liabilities and
interests in specified businesses, but does not include the specific amounts of an official’s net worth, income
and asset values; and
WHEREAS, the Mayor and all current elected members of the City of Crestview (the “City Elected
Officials”) were elected by the voters of the City subject to and in reliance upon Florida law that required them
to annually file Form 1 (not Form 6) financial disclosures forms; and
WHEREAS, although the State Legislature has the power in the Florida Constitution to require that additional
public officers file a full and public disclosure of their financial interests, it must do so consistent with other
constitutional limitations; and
WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting Article 1, Section 23,
the “Right to Privacy,” which states that “[e]very natural person has the right to be let alone and free from
governmental intrusion into the person’s private life except as otherwise provided herein”; and
WHEREAS, because the right of privacy is a fundamental right within Florida’s constitution, the Florida
Supreme Court has consistently required that any law intruding on the right is presumptively unconstitutional
and must be justified by a “compelling state interest” which the law serves or protects through the “least
restrictive means;” and
WHEREAS, the First Amendment to the United States Constitution, and Article 1, Section 4 of the Florida
Constitution, protects the freedom of speech, which includes the right to choose what to say and what not to
say, any impairment of which must be justified by a “compelling state interest” which the law serves or protects
through the “least restrictive means;” and
WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and codified at Law of Florida
2023-09, amending Fla. Stat. § 112.3144, to change the financial disclosure requirements and now require that
all elected municipal mayors and elected members of the governing board file a Form 6 financial disclosure,
which is substantially more burdensome and personally intrusive than the Form 1; and
WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal level (a) represents an
unwarranted intrusion into the privacy rights of municipal elected officials, most of which receive little or no
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compensation for their service, (b) unnecessarily risks the safety of such officials (making them targets of,
among other things, burglary, identity theft and extortion), and (c) will deter many otherwise qualified and
interested citizens from running for office; and
WHEREAS, in fact, over 100 municipal elected officials resigned from office prior to December 31, 2023, as a
result of the new disclosure requirements, disrupting the ability of some local governments to operate for lack
of a quorum; and
WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the municipal level is not the
least restrictive means of serving the governmental interests of preventing abuse of the public trust, as
demonstrated by, among other things, the lack of such requirements at the municipal level in other states and at
the federal level (even the President of the United States and members of the U.S. Congress are not required to
make such extensive disclosures); and
WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose their precise net worth,
income and assets does not serve (let alone constitute the least restrictive means of serving) any compelling
interest – Form 1 disclosures constitutes sufficient transparency to inform the public of potential conflicts; and
WHEREAS, the imposition of new financial disclosure requirements upon municipal elected officials who
were elected without such requirements violates due process, is fundamentally unfair and violates fundamental
constitutional rights; and
WHEREAS, a group of municipalities and municipal elected officials filed two lawsuits, one in State Court
and one in Federal Court, on February 15, 2024, seeking a declaration that the provisions of Section
112.3144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 financial disclosure
forms are unconstitutional and invalid and should be enjoined (the “Lawsuits”); and
WHEREAS, the City of Crestview believes it is in the best interest of the citizens and residents of the City to
participate in the Lawsuits and urges other municipalities and their elected officials to also participate as
plaintiffs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA AS FOLLOWS:
Section 1: That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and
are made a specific part of this Resolution.
Section 2: The City Crestview hereby authorizes the participation of the City, and any of individual
Members of the City Council who choose to participate as plaintiffs, in the Lawsuits.
Section 3 : Weiss Serota Helfman Cole + Bierman, PL (the “Firm”) is hereby retained to represent the City
in the Lawsuits. The Firm will charge the City a flat fee, inclusive of attorneys’ fees and costs, of $10,000 to
represent the City and the individual elected officials who choose to participate as plaintiffs, for the Lawsuits in
the trial court. The City and elected officials recognize that such flat fee may be less than the actual attorneys’
fees and costs incurred, and that if the City and elected officials prevail in the Lawsuits, the Firm may apply
with the Court for its actual reasonable attorneys’ and costs from the defendants. The filing of any appeals will
be authorized by separate resolution under the terms thereof. The City and its elected officials also
acknowledges that the Firm will be representing other local governments and officials in this lawsuit and
waives any conflicts related to such representation. The City further acknowledges that, from time to time, the
Firm may be called upon by client to represent them as to requests for various approvals and as to other matters
with respect to or involving the City. The City hereby waives any potential conflict of interest in the Firm’s
representation of those clients arising from its representation of the City in the Lawsuit.]
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Section 4: The City of Crestview invites and urges other local governments and elected officials to join the
City as plaintiffs in the Lawsuit and to coordinate their efforts with the City.
Section 5: The City Clerk is directed to distribute this Resolution to all local governments in Okaloosa
County.
Section 6: That the appropriate City Officials are hereby authorized to do all things necessary and expedient
to carry out the aims of this Resolution.
Section 7: That this Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ______ day of ____________________, 2024.
________________________________
Mayor
ATTEST:
______________________________
City Clerk
Approved as to form:
_______________________________
City Attorney
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UNITED STATE DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.
PRESIDENT OF TOWN COUNCIL
ELIZABETH A. LOPER, ALDERMAN KEITH
J. BLACK, ALDERMAN KATHLEEN M.
GROSS and ALDERMAN WILLIAM BIRCH,
elected officials of the Town of Briny Breezes;
COUNCILMEMBERS WALTER FAJET and
JACKY BRAVO, elected officials of Miami
Springs, Florida;
COMMISSIONER PATRICIA PETRONE, an
elected official of Lighthouse Point, Florida;
MAYOR DANIELLE H. MOORE,
PRESIDENT OF TOWN COUNCIL
MARGARET A. ZEIDMAN, COUNCIL
MEMBER EDWARD A. COONEY, COUNCIL
MEMBER LEWIS CRAMPTON, COUNCIL
MEMBER JULIE ARASKOG and COUNCIL
MEMBER BOBBIE LINDSAY, elected
officials of the Town of Palm Beach, Florida;
MAYOR BRENT LATHAM, VICE MAYOR
RICHARD CHERVONY, and
COMMISSIONER ANDY ROTONDARO,
elected officials of North Bay Village, Florida;
MAYOR GLENN SINGER, an elected official
of the Town of Golden Beach, Florida;
MAYOR BERNARD KLEPACH, an elected
official of Indian Creek, Florida;
MAYOR JEFFREY P. FREIMARK, VICE-
MAYOR SETH E. SALVER, COUNCILMAN
DAVID ALBAUM, and COUNCILMAN
DAVID WOLF, elected officials of the Village
of Bal Harbour, Florida;
MAYOR MARGARET BROWN,
COMMISSIONER MARY MOLINA-MACFIE,
COMMISSIONER CHRIS EDDY,
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COMMISSIONER HENRY MEAD, and
COMMISSIONER BYRON L. JAFFE, elected
officials of the City of Weston, Florida;
MAYOR SHELLY PETROLIA, VICE-
MAYOR RYAN BOYLSTON, DEPUTY
VICE-MAYOR ROB LONG,
COMMISSIONER ADAM FRANKEL, and
COMMISSIONER ANGELA BURNS, elected
officials of the City of Delray Beach, Florida;
MAYOR JOSEPH AYOUB, COMMISSIONER
ANDY STEINGOLD, COMMISSIONER
CARLOS DIAZ, COMMISSIONER NANCY J.
BESORE, and COMMISSIONER CLIFF
MERZ, elected officials of the City of Safety
Harbor, Florida;
COMMISSIONER JEREMY KATZMAN, an
elected official of Cooper City, Florida;
MAYOR SCOTT J. BROOK, VICE-MAYOR
SHAWN CERRA, COMMISSIONER JOSHUA
SIMMONS, COMMISSIONER JOY CARTER,
and COMMISSIONER NANCY METAYER
BOWEN, elected officials of the City of Coral
Springs, Florida;
VICE-CHAIR ERIK BRECHNITZ, an elected
official of the City of Marco Island, Florida;
VICE MAYOR ARLENE SCHWARTZ,
COMMISSIONER ANTONIO V. ARSERIO,
COMMISSIONER JOANNE SIMONE, and
COMMISSIONER ANTHONY N.
CAGGIANO, elected officials of the City of
Margate, Florida;
MAYOR ROBERT T. WAGNER, COUNCIL
MEMBER JOHN STEPHENS III, COUNCIL
MEMBER TORY CJ GEILE, COUNCIL
MEMBER JAMES B. BAGBY, and COUNCIL
MEMBER TERESA R. HEBERT, elected
officials of the City of Destin, Florida;
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MAYOR KENNETH R. THURSTON,
COMMISSIONER MELISSA P. DUNN, and
COMMISSIONER SARAI “RAY” MARTIN,
elected officials of the City of Lauderhill,
Florida,
MAYOR BILL GANZ, VICE-MAYOR
BERNIE PARNESS, COMMISSIONER BEN
PRESTON, and COMMISSIONER MICHAEL
HUDAK, elected officials of the City of
Deerfield Beach, Florida;
VICE-MAYOR PAUL A. KRUSS and
COMMISSIONER RACHEL FRIEDLAND,
elected officials of the City of Aventura, Florida;
VICE-MAYOR MICHAEL NAPOLEONE,
COUNCILWOMAN TANYA SISKIND,
COUNCILMAN JOHN T. MCGOVERN, and
COUNCILMAN MICHAEL DRAHOS, elected
officials of the Village of Wellington;
MAYOR FRED CLEVELAND, elected official
of the City of New Smyrna Beach, Florida;
COUNCILMEMBER JENNIFER ANDREU,
elected official of the City of Plantation, Florida,
COUNCILMEMBER KEM E. MASON, elected
official of the Town of Lantana, Florida; and
MAYOR CHARLES EDWARD DODD, VICE
MAYOR KELLY DIXON, COUNCIL
MEMBER FREDERICK B. JONES, COUNCIL
MEMBER BOB MCPARTLAN, AND
COUNCIL MEMBER CHRISTOPHER NUNN,
elected officials of the City of Sebastian, Florida,
Plaintiffs,
vs.
ASHLEY LUKIS, in her official capacity as
Chair of the Florida Commission on Ethics;
MICHELLE ANCHORS, in her official capacity
as Vice Chair of the Florida Commission on
Ethics; WILLIAM P. CERVONE, in his official
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capacity as a Member of the Florida Commission
on Ethics; TINA DESCOVICH, in her official
capacity as Member of the Florida Commission
on Ethics; FREDDIE FIGGERS, in his official
capacity as a Member of the Florida Commission
on Ethics; LUIS M. FUSTE, in his official
capacity as a Member of the Florida Commission
on Ethics; and WENGAY M. NEWTON, SR., in
his official capacity as a Member of the Florida
Commission on Ethics,
Defendants.
COMPLAINT
Plaintiffs bring this action against Defendants for declaratory and injunctive relief, and
state as follows:
OVERVIEW
1. This is an action by a large number of Florida elected municipal officials
challenging a recently enacted law (“SB 774”) that on or before July 1, 2024 compels elected
municipal officials in office as of January 1, 2024 to utter very specific statements, in writing and
available to the public at large through the Internet, regarding the elected officials’ personal
finances, including, among other things, stating the exact amount of their net worth and income,
the total dollar value of their household goods, and the precise value of every asset and amount of
every liability in excess of $1,000. An elected municipal official’s failure to make these public
statements will result in significant fines, civil penalties, and even potential removal from office.
2. SB 774 amended, among other statutes, Fla. Stat. § 112.3144, and renders elected
municipal officials in office as of January 1, 2024, and municipal candidates subject to the financial
disclosure requirements of Fla. Const., art. II, § 8(j).
3. Prior to the enactment of SB 774, elected municipal officials and municipal
candidates were required to provide financial disclosures via a document called “Form 1” pursuant
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to Fla. Stat. § 112.3145, but were not subject to the requirements of Fla. Const., art. II, § 8(j).
However, Florida Statute sections 112.3144 and 99.061, as amended by SB 774 in 2023,
respectively make all elected municipal officers and municipal candidates subject to the filing
requirements of “Form 6,” which demands much more intrusive financial disclosures as outlined
in the Florida Constitution and section 112.3144. A copy of Form 1 is attached as Exhibit A, and
a copy of Form 6 is attached as Exhibit B.
4. Forcing municipal elected officials and municipal candidates to publicly make such
statements impairs their right to be free of government-compelled, content-based, non-commercial
speech, in violation of the First Amendment to the United States Constitution.
5. Rather than being the least restrictive, narrowly tailored means of accomplishing a
compelling state interest, these new, financial disclosure requirements imposed on elected
municipal officials and municipal candidates through SB 744 are the most restrictive means
available – stricter and more onerous than required of federal elected officials (including the
President of the United States) and of elected officials in other states throughout the country.
6. The additional, financial information statements required to be made by Form 6
(e.g., the disclosure of exact net worth, exact income and precise values of household goods and
other assets and liabilities), as compared to Form 1, have little, if any, bearing on an elected
official’s municipal service, does not prevent or even ameliorate conflicts of interest or public
corruption, and does not increase public confidence in government.
7. Form 1 is a less restrictive, alternative means of accomplishing the same
governmental interests, as would be the less onerous disclosure forms used by the federal
government or any of the other states in the United States.
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8. Indeed, municipal elected officials and candidates operated under the requirements
of Form 1 for decades, and nothing in the Legislature’s enactment of the new Form 6 requirement
reflected that Form 1 was insufficient and necessitated a change.
9. As such, this action seeks an order (i) declaring the 2023 amendments to Fla. Stat.
§ 112.3144 related to elected municipal officials and any penalties arising therefrom, including
those in Fla. Stat. § 112.317, are unconstitutional under the First Amendment of the United States
Constitution, and (ii) enjoining Defendants from enforcing the disclosure requirements.
JURISDICTION AND VENUE
10. The Court has subject matter jurisdiction over this case pursuant to this Court’s
federal question jurisdiction, 28 U.S.C. § 1331, as this case arises under the First Amendment to
the United States Constitution, as made applicable to the States by the Fourteenth Amendment to
the United States Constitution and 42 U.S.C. § 1983.
11. This case seeks declaratory and injunctive relief, pursuant to the Declaratory
Judgment Act, 28 U.S.C. §§ 2201 and 2202, Federal Rule of Civil Procedure 57, and 42 U.S.C.
§ 1983.
12. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), as two of the
Defendants (Freddie Figgers and Luis M. Fuste) reside in this District (and all are residents of this
State), the majority of the plaintiffs reside and serve as elected officials in the District, and a
substantial part of the events giving rise to the claim herein occurred in this District.
THE PARTIES
A. Plaintiffs
13. Plaintiffs in this action consist of the following current, elected officials of Florida
municipalities:
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a. Town of Briny Breezes President of Town Council Elizabeth A. Loper;
b. Town of Briny Breezes Alderman Keith J. Black;
c. Town of Briny Breezes Alderman Kathleen M. Gross;
d. Town of Briny Breezes Alderman William Birch;
e. City of Miami Springs Councilmember Walter Fajet;
f. City of Miami Springs Councilmember Jacky Bravo;
g. City of Lighthouse Point Commissioner Patricia Petrone;
h. Town of Palm Beach Mayor Danielle H. Moore;
i. Town of Palm Beach President of Town Council Margaret A. Zeidman;
j. Town of Palm Beach Council Member Edward A. Cooney;
k. Town of Palm Beach Council Member Lewis Crampton;
l. Town of Palm Beach Council Member Julie Araskog;
m. Town of Palm Beach Council Member Bobbie Lindsay;
n. North Bay Village Mayor Brent Latham;
o. North Bay Village Vice Mayor Richard Chervony;
p. North Bay Village Commissioner Andy Rotondaro;
q. Golden Beach Mayor Glenn Singer;
r. Indian Creek Mayor Bernard Klepach;
s. Village of Bal Harbour Mayor Jeffrey P. Freimark ;
t. Village of Bal Harbour Vice-Mayor Seth E. Salver;
u. Village of Bal Harbour Councilman David Albaum;
v. Village of Bal Harbour Councilman David Wolf;
w. City of Weston Mayor Margaret Brown;
x. City of Weston Commissioner Mary Molina-Macfie;
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y. City of Weston Commissioner Chris Eddy;
z. City of Weston Commissioner Henry Mead;
aa. City of Weston Commissioner Byron L. Jaffe;
bb. City of Delray Beach Mayor Shelly Petrolia;
cc. City of Delray Beach Vice Mayor Ryan Boylston;
dd. City of Delray Beach Deputy Vice-Mayor Rob Long;
ee. City of Delray Beach Commissioner Adam Frankel;
ff. City of Delray Beach Commissioner Angela Burns;
gg. City of Safety Harbor Mayor Joseph Ayoub;
hh. City of Safety Harbor Commissioner Andy Steingold;
ii. City of Safety Harbor Commissioner Carlos Diaz;
jj. City of Safety Harbor Commissioner Nancy J. Besore;
kk. City of Safety Harbor Commissioner Cliff Merz;
ll. Cooper City Commissioner Jeremy Katzman;
mm. City of Coral Springs Mayor Scott J. Brook;
nn. City of Coral Springs Vice Mayor Shawn Cerra;
oo. City of Coral Springs Commissioner Joshua Simmons;
pp. City of Coral Springs Commissioner Joy Carter;
qq. City of Coral Springs Commissioner Nancy Metayer Bowen;
rr. City of Marco Island Vice-Chair Erik Brechnitz;
ss. City of Margate Vice-Mayor Arlene Schwartz;
tt. City of Margate Commissioner Antonio V. Arserio;
uu. City of Margate Commissioner Joanne Simone;
vv. City of Margate Commissioner Anthony N. Caggiano;
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ww. City of Destin Mayor Robert T. Wagner;
xx. City of Destin Council Member John Stephens III;
yy. City of Destin Council Member Torey CJ Geile;
zz. City of Destin Council Member James B. Bagby;
aaa. City of Destin Council Member Teresa R. Hebert;
bbb. City of Lauderhill Mayor Kenneth R. Thurston;
ccc. City of Lauderhill Commissioner Melissa P. Dunn;
ddd. City of Lauderhill Commissioner Sarai “Ray” Martin;
eee. City of Deerfield Beach Mayor Bill Ganz;
fff. City of Deerfield Beach Vice-Mayor Bernie Parness;
ggg. City of Deerfield Beach Commissioner Ben Preston;
hhh. City of Deerfield Beach Commissioner Michael Hudak;
iii. City of Aventura Vice-Mayor Paul A. Kruss;
jjj. City of Aventura Commissioner Rachel Friedland;
kkk. Village of Wellington Vice-Mayor Michael Napoleone;
lll. Village of Wellington Councilwoman Tanya Siskind;
mmm. Village of Wellington Councilwoman John T. McGovern;
nnn. Village of Wellington Councilwoman Michael Drahos;
ooo. City of New Smyrna Beach Mayor Fred Cleveland;
ppp. City of Plantation Councilmember Jennifer Andreu;
qqq. Town of Lantana Councilmember Kem E. Mason;
rrr. City of Sebastian Mayor Charles Edward Dodd;
sss. City of Sebastian Vice Mayor Kelly Dixon;
ttt. City of Sebastian Council Member Frederick B. Jones;
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uuu. City of Sebastian Council Member Bob McPartlan; and
vvv. City of Sebastian Council Member Christopher Nunn.
14. Plaintiffs are each duly elected or appointed officials of incorporated municipalities
existing under the laws of the State of Florida and are currently in office.
15. As a result of the passage of SB 774, as of January 1, 2024, each, individual Plaintiff
is subject to the financial disclosure requirements of Fla. Const., art. II, § 8(j) and Fla. Stat.
§ 112.3144, and are further subject to the fines, penalties and other enforcement mechanisms
outlined in Fla. Stat. §§ 112.317 and 112.324.
16. Each Plaintiff is, therefore, required to file the requisite Form 6 (rather than the
prior Form 1) on or before July 1, 2024.
17. The failure of any municipal elected official, including each Plaintiff, to make the
compelled statements subjects him or her to a daily fine of $25 per day up to a maximum of $1,500
and, following an investigation and public hearing, a potential civil penalty of up to $20,000 and,
among other things, a potential recommendation of removal from office. See Fla. Stat. §§
112.3144(8)(f), 112.324(4), and 112.317.
18. Plaintiffs now face prior to the imminent deadline of July 1, 2024, the obligation to
engage in non-commercial, content-based speech requirement to publicly disclose, against their
will, the financial information required in Form 6, or face fines or other penalties.
19. Throughout Florida, more than 100 municipal elected officials resigned rather than
agree to engage in such unwanted speech.
20. Plaintiffs strongly desire to continue to serve the public and have therefore not yet
resigned, but instead have chosen to challenge the new compelled speech requirement.
21. Accordingly, Plaintiffs have each suffered a concrete and particularized injury-in-
fact that is actual or imminent.
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B. Defendants
22. Defendant, Ashley Lukis (“Lukis”) is the Chair and a member of the Florida
Commission on Ethics (“Commission”), a commission existing pursuant to Fla. Const., Art. II, §
8(h)(1) and Fla. Stat. § 112.320. Lukis is sued in her official capacity as Chair of the Commission.
23. Defendant, Michelle Anchors (“Anchors”) is the Vice Chair and a member of the
Commission. Anchors is sued in her official capacity as Vice Chair of the Commission.
24. Defendant, William P. Cervone (“Cervone”) is a member of the Commission.
Cervone is sued in his official capacity as member of the Commission.
25. Defendant Tina Descovich (“Descovich”) is a member of the Commission.
Descovich is sued in her official capacity as member of the Commission.
26. Defendant, Freddie Figgers (“Figgers”) is a member of the Commission. Figgers is
sued in his official capacity as member of the Commission and is a resident of this District.
27. Defendant, Luis Fuste (“Fuste”) is a member of the Commission. Fuste is sued in
his official capacity as member of the Commission and is a resident of this District.
28. Defendant, Wengay M. Newton, Sr. (“Newton”) is a member of the Commission.
Newton is sued in his official capacity as member of the Commission.
29. Lukis, Anchors, Cervone, Descovich, Figgers, Fuste, and Newton, collectively,
comprise the Commission.
30. “The Agency Head is the entire Commission, which is responsible for final agency
action.” See Statement of Organization and Operation of the Commission on Ethics,
https://www.ethics.state.fl.us/Documents/Ethics/statement%20of%20org.pdf?cp=2024127 (last
accessed February 12, 2024).
31. The Commission, through each Defendant, is charged with implementing and
enforcing the State’s financial disclosure laws, including, among many other things, the receipt of
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Form 6 disclosures, training regarding Form 6, investigating alleged violations regarding Form 6
filings, imposing fines for failure to file Form 6, holding enforcement hearings regarding failure
to file Form 6, making recommendations of removal from office for failure to file Form 6, and
rendering legally binding advisory opinions regarding Form 6. See Fla. Const., Art. II, § 8(g); Fla.
Stat. §§ 112.3144, 112.317, 112.320.
32. The Commission is also required to identify every person required to file Form 6,
provide notification of said requirement to each person subject to these disclosures, and ensure
compliance with the disclosure requirements by each person subject thereto. See Fla. Const., Art.
II, § 8(g); Fla. Stat. §§ 112.3144, 112.317, 112.320.
33. In addition, the Commission’s 2022 Annual Report (as well as previous annual
reports) expressly requested that the Legislature enact legislation to require that elected municipal
officials complete Form 6, rather than Form 1, leading to the enactment of SB 774. See Annual
Report to the Florida Legislature for Calendar Year 2022, pg. 23,
https://ethics.state.fl.us/Documents/Publications/2022%20Annual%20Report.pdf?cp=202425
(last accessed February 12, 2024).
34. The only justification given by the Commission for its recommendation was:
Elected municipal officials are very important and administer vast amounts of
public resources. For these, and other reasons, their disclosure should be on par
with that of county officials and others who file Form 6, rather than Form 1. The
Commission believes the enhanced disclosure should be applied to all elected
municipal officials regardless of the population or revenue of the municipality.
35. Nowhere in its report did the Commission conclude that there has been an increase
in the need to oppose corruption or conflicts of interest at the municipal level or that Form 1 in any
way was insufficient to the task of guarding against those governmental ills. In short, the
Commission justified its recommendation merely by noting that municipal officials should have
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to disclose the same information others already disclose, without regard to the municipality’s
population, revenue, annual budget, or any elected municipal compensation amount, if any.
36. All acts alleged herein by Defendants and their agents, servants, employees, or
persons acting on their behalf were done and are continuing to be done under color of state law.
37. Plaintiffs bring this action against the state officers (namely, the members of the
Commission) who have the responsibility to enforce the Form 6 requirement against municipal
elected officials (including Plaintiffs) and seek only prospective equitable relief to end the
continuing violations of the First Amendment to the United States Constitution.
BACKGROUND
A. History of Ethical Standards in Florida
38. Beginning in the late 1960s, the Florida Legislature has enacted numerous laws
regulating ethical conduct for Florida’s elected officials, including laws related to the solicitation
or acceptance of gifts, unauthorized compensation, misuse or abuse of public position, disclosure
of certain information, doing business with one’s agency, conflicting employment, lobbying
restrictions, dual public employment, anti-nepotism, conflicts of interest, and financial disclosure.
See generally Fla. Stat., Chapter 112.
39. The interests that the financial disclosures are intended to serve are stated by the
Commission: “Financial disclosure is required of public officials and employees because it enables
the public to evaluate potential conflicts of interest, deters corruption, and increases public
confidence in government.” See Florida Commission on Ethics, Financial Disclosure Information,
www.ethics.state.fl.us/FinancialDisclosure/Index.aspx, last accessed February 12, 2024.
40. In 1976, the Florida Constitution was amended to require that all elected, state
constitutional officers annually file a full and public disclosure of their financial interests, which
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is done through the state-adopted Form 6, requiring the disclosure of highly personal financial
information. See Fla. Const. Art. II, § 8; Fla. Stat. § 112.3144; Exh. B.
41. The Form 6 requirement did not apply to elected municipal officials or candidates
for municipal office prior to January 1, 2024.
B. The Change from Form 1 to Form 6 for Elected Municipal Officials
42. Instead, prior to January 1, 2024, elected municipal officials were required to make
a more limited financial disclosure that nevertheless provides sufficient information to satisfy the
interests of preventing conflicts of interest and public corruption and increasing public confidence
in government. See Fla. Stat. § 112.3145. The elected municipal officials’ financial disclosure was
done through the state-adopted Form 1. Exh. A.
43. In the 2023 legislative session, the Florida Legislature duly enacted (and the
Governor signed) SB 774, which was codified at Laws of Florida 2023-09, and which amended
(in relevant part) Fla. Stat. § 112.3144, to change the financial disclosure requirements to require,
as of January 1, 2024, that all elected municipal mayors and elected members of municipal
governing boards (and candidates for such offices) file a Form 6 financial disclosure, rather than
the previously required Form 1. See Fla. S.B. 774; Fla. Stat. §§ 99.061, 112.3144 (2023).
C. Comparison of Form 6 to Form 1
44. Form 6 is a highly intrusive and extreme level of required, public financial
disclosure, mandating the disclosure of private financial information unrelated to any official
duties and unnecessary to satisfy the interest of preventing conflicts of interest and public
corruption or increasing public confidence in government. See Exh. B.
45. Specifically, Form 6 requires that the official disclose:
(a) the official’s exact net worth, to the penny, (b) the exact aggregate value
of all household goods and personal effects, (c) the precise value of every
other asset individually valued at over $1,000 (including a description of
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the asset), (d) the exact outstanding amount of all liabilities in excess of
$1,000, including the name and address of the creditor, (e) every primary
source of income that exceeded $1,000 during the year, including the name
and address of the source of income and the precise amount of income, (f)
every secondary source of income in excess of $1,000 from any business of
which the official owns more than 5%, including the name of the business
entity, the major sources of business income (namely, any that account for
10% or more of the business’s revenue), and the address and principal
business activity or source, and (g) any interest in certain specified types of
businesses.
See Exh. B.
46. In contrast, Form 1 requires that the official disclose:
(a) the name, address and principal business active for every primary
sources of income in excess of $2,500 (but not the amount), (b) every
secondary source of income in excess of $5,000 from any business of which
the official owns more than 5%, including the name of the business entity,
the major source of business income (any that account for 10% or more of
the business’s revenue), and the address and principal business activity or
source, (c) a description of all real property (but not the value) of which the
official had more than a 5% ownership interest, (d) a description (but not
the value) of intangible property owned by the official and valued at more
than $10,000, (e) the name and address of each creditor to whom the official
owed more than $10,000 (but not the amount owed), and (f) any interest in
certain specified types of businesses.
See Exh. A.
47. The information in Form 1 and Form 6 of each filer is made publicly available
through the Commission’s website.
COUNT I
COMPELLED, CONTENT-BASED SPEECH IN VIOLATION OF THE FIRST
AMENDMENT OF THE U.S. CONSTITUTION, PURSUANT TO 42 U.S.C. § 1983
48. Plaintiffs reallege and incorporate by reference the allegations contained in
paragraphs 1 through 47, as if fully set forth herein.
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49. The First Amendment to the United States Constitution, as applied to the States by
the Fourteenth Amendment, prohibits the government, including Defendants, from abridging
Plaintiffs’ freedom of speech though government-compelled speech.
50. The First Amendment’s speech rights include the right to speak freely, the right to
refrain from speaking at all, and the right not to speak certain words or messages.
51. The statements required by Fla. Stat. § 112.3144, through Form 6, constitute non-
commercial, compelled speech from Plaintiffs in violation of the First Amendment.
52. Specifically, Fla. Stat. § 112.3144 unconstitutionally compels Plaintiffs to make
invasive, public disclosures about their personal finances through Form 6.
53. The required disclosures of Fla. Stat. § 112.3144, through Form 6, are content-
based speech because they compel individuals to speak a particular message. Compelled speech is
no less compelled and no less speech because it is required to be in writing.
54. For example, among many other things, on July 1, 2024, each Plaintiff will be
forced to say the words: “My Net Worth as of December 31, 2023 was $_________.” See Exh. B
at 1.
55. Plaintiffs would not otherwise engage in such non-commercial, content-based
speech (namely, publicly disclosing to the public their exact net worth, income, asset values and
other personal financial information required in Form 6) but for the requirements of Fla. Stat. §
112.3144 and the threat of fines, penalties and other enforcement mechanisms set forth in Fla. Stat.
§ 112.317.
56. The compelled speech in Form 6, as required by Fla. Stat. § 112.3144, is readily
reviewable (now and for many years to come) by the public on the Internet, and the information
in each filed Form 6 is clearly and readily associated with the individual filer (i.e., via the name of
each individual Plaintiff).
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57. Because the compelled speech is effectuated through state statute, the constitutional
deprivation at issue here is caused by official policy of the state and under color of state law.
58. Although Plaintiffs recognize the government’s interest in preventing conflicts of
interest, deterring corruption, and increasing public confidence in government, Fla. Stat. §
112.3144, as amended by SB 744, and the application of Form 6 to elected municipal officials are
not narrowly tailored to achieve these interests.
59. Requiring Plaintiffs to make the additional, compelled speech required by Form 6
(as opposed to the statements previously required through Form 1) are not the least restrictive
means to accomplish any compelling government purpose.
60. Accordingly, an actual controversy exists between Plaintiffs and Defendants, each
of whom have adverse legal interests of sufficient immediacy to warrant the issuance of a
declaratory judgment and injunctive relief.
WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor:
A. Declaring, pursuant to 28 U.S.C. § 2201, 42 U.S.C. § 1983, and Rule 57, Fed. R.
Civ P., that Fla. Stat. § 112.3144 (2023) compels Plaintiffs to engage in content-based, non-
commercial speech in violation of the First Amendment of the United States Constitution and is,
therefore, unconstitutional;
B. Enjoining, pursuant to 28 U.S.C. § 2202, Defendants from enforcing Fla. Stat.
§ 112.3144 (including the imposition of any fines, penalties or other enforcement) against
Plaintiffs, arising from the failure of any Plaintiffs to file a Form 6 while subject to such
requirements;
C. Awarding Plaintiffs their costs and expenses (including attorneys’ fees) incurred in
bringing in this action, pursuant to 42 U.S.C. § 1988, 28 U.S.C. § 1920, and other applicable law;
and
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D. Granting such other relief as this Court deems just and proper.
Dated this 15th day of February, 2024.
WEISS SEROTA HELFMAN
COLE + BIERMAN P.L.
200 East Broward Blvd., Ste. 1900
Fort Lauderdale, FL 33301
Telephone: (954) 763-4242
Facsimile: (954) 764-7770
By: /s/ Jamie A. Cole
JAMIE A. COLE
Florida Bar No. 767573
jcole@wsh-law.com
msaraff@wsh-law.com
EDWARD G. GUEDES
Florida Bar No. 768201
eguedes@wsh-law.com
szavala@wsh-law.com
Counsel for Plaintiffs
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Exhibit A
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General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
Name of Source of Income Source's Address Description of the Source's
Principal Business Activity
PRIMARY SOURCE OF INCOME (Over $2,500) (Major sources of income to the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Primary Sources of Income
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2023 .
Disclosure Period
SAMPLE Printed from the Florida EFDMS System Page 1 of 4
2023 Form 1 - Statement of Financial Interests
SAMPLE SAMPLE SAMPLE
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Name of Business Entity Name of Major Sources
of Business' Income Address of Source Principal Business
Activity of Source
SECONDARY SOURCES OF INCOME (Major customers, clients, and other sources of income to businesses owned by the reporting
person) (If you have nothing to report, write “none” or “n/a”)
Secondary Sources of Income
REAL PROPERTY (Land, buildings owned by the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Location/Description
Real Property
Intangible Personal Property
INTANGIBLE PERSONAL PROPERTY (Stocks, bonds, certificates of deposit, etc. over $10,000)
(If you have nothing to report, write “none” or “n/a”)
Type of Intangible Business Entity to Which the Property Relates
SAMPLE Printed from the Florida EFDMS System Page 2 of 4
2023 Form 1 - Statement of Financial Interests
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Name of Creditor Address of Creditor
LIABILITIES (Major debts valued over $10,000):
(If you have nothing to report, write “none” or “n/a”)
Liabilities
Interests in Specified Businesses
Business Entity # 1
INTERESTS IN SPECIFIED BUSINESSES (Ownership or positions in certain types of businesses)
(If you have nothing to report, write “none” or “n/a”)
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
SAMPLE Printed from the Florida EFDMS System Page 3 of 4
2023 Form 1 - Statement of Financial Interests
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Digitally signed:
Signature of Filer
Filed with COE:
SAMPLE Printed from the Florida EFDMS System Page 4 of 4
2023 Form 1 - Statement of Financial Interests
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Exhibit B
Case 1:24-cv-20604-XXXX Document 1-4 Entered on FLSD Docket 02/15/2024 Page 1 of 4
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General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
My Net Worth as of December 31, 2023 was $ [AMOUNT].
Net Worth
Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds $1,000. This category
includes any of the following, if not held for investment purposes: jewelry; collections of stamps, guns, and numismatic items;
art objects; household equipment and furnishings; clothing; other household items; and vehicles for personal use, whether
owned or leased.
ASSETS INDIVIDUALLY VALUED AT OVER $1,000:
Description of Asset Value of Asset
Assets
The aggregate value of my household goods and personal effect is N/A.
SAMPLE Printed from the Florida EFDMS System Page 1 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
SAMPLE SAMPLE SAMPLE
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Name of Creditor Address of Creditor Amount of Liability
Name of Creditor Address of Creditor Amount of Liability
LIABILITIES IN EXCESS OF $1,000:
Liabilities
JOINT AND SEVERAL LIABILITIES NOT REPORTED ABOVE:
Name of Source of Income Exceeding $1,000 Address of Source of Income Amount
Name of Business Entity Name of Major Sources of
Business Income Address of Source Principal Business
Activity of Source
Identify each separate source and amount of income which exceeded $1,000 during the year, including secondary sources of
income. Or attach a complete copy of your 2022 federal income tax return, including all W2s, schedules, and attachments.
Please redact any social security or account numbers before attaching your returns, as the law requires these documents be
posted to the Commission’s website.
Income
PRIMARY SOURCES OF INCOME:
SECONDARY SOURCES OF INCOME (Major customers, clients, etc. of businesses owned by reporting person):
o I elect to file a copy of my 2023 federal income tax return and all W2s, schedules, and attachments.
SAMPLE Printed from the Florida EFDMS System Page 2 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
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Digitally signed:
Signature of Reporting Official or Candidate
Under the penalties of perjury, I declare that I have read the foregoing Form 6 and that the facts stated in it are true.
Filed with COE:
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
Interests in Specified Businesses
Business Entity # 1
SAMPLE Printed from the Florida EFDMS System Page 3 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY, FLORIDA
CASE NO.
TOWN OF BRINY BREEZES, FLORIDA, a
Florida municipal corporation;
CITY OF MIAMI SPRINGS, FLORIDA, a
Florida municipal corporation;
CITY OF LIGHTHOUSE POINT, FLORIDA, a
Florida municipal corporation;
TOWN OF PALM BEACH, FLORIDA, a
Florida municipal corporation;
NORTH BAY VILLAGE, FLORIDA, a Florida
municipal corporation;
TOWN OF GOLDEN BEACH, FLORIDA, a
Florida municipal corporation;
VILLAGE OF INDIAN CREEK, FLORIDA, a
Florida municipal corporation;
VILLAGE OF BAL HARBOUR, FLORIDA, a
Florida municipal corporation;
CITY OF WESTON, FLORIDA, a Florida
municipal corporation;
CITY OF DELRAY BEACH, FLORIDA, a
Florida municipal corporation;
CITY OF SAFETY HARBOR, FLORIDA, a
Florida municipal corporation;
COOPER CITY, FLORIDA, a Florida municipal
corporation;
CITY OF CORAL SPRINGS, FLORIDA, a
Florida municipal corporation;
CITY OF ST. AUGUSTINE, FLORIDA, a
Florida municipal corporation;
Filing # 192080225 E-Filed 02/15/2024 05:48:42 PM
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2
CITY OF MARCO ISLAND, FLORIDA, a
Florida municipal corporation;
VILLAGE OF KEY BISCAYNE, FLORIDA, a
Florida municipal corporation;
CITY OF WILTON MANORS, FLORIDA, a
Florida municipal corporation;
CITY OF MARGATE, FLORIDA, a Florida
municipal corporation;
CITY OF DESTIN, FLORIDA, a Florida
municipal corporation;
CITY OF LAUDERHILL, FLORIDA, a Florida
municipal corporation;
CITY OF DEERFIELD BEACH, FLORIDA, a
Florida municipal corporation;
CITY OF AVENTURA, FLORIDA, a Florida
municipal corporation;
VILLAGE OF WELLINGTON, FLORIDA, a
Florida municipal corporation;
VILLAGE OF PINECREST, FLORIDA, a
Florida municipal corporation;
CITY OF NEW SMYRNA BEACH, FLORIDA,
a Florida municipal corporation;
CITY OF SEBASTIAN, FLORIDA, a Florida
municipal corporation;
PRESIDENT OF TOWN COUNCIL
ELIZABETH A. LOPER, ALDERMAN KEITH
J. BLACK, ALDERMAN KATHLEEN M.
GROSS and ALDERMAN WILLIAM BIRCH,
elected officials of the Town of Briny Breezes;
COUNCILMEMBERS WALTER FAJET and
JACKY BRAVO, elected officials of Miami
Springs, Florida;
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COMMISSIONER PATRICIA PETRONE, an
elected official of Lighthouse Point, Florida;
MAYOR DANIELLE H. MOORE,
PRESIDENT OF TOWN COUNCIL
MARGARET A. ZEIDMAN, COUNCIL
MEMBER EDWARD A. COONEY, COUNCIL
MEMBER LEWIS CRAMPTON, COUNCIL
MEMBER JULIE ARASKOG and COUNCIL
MEMBER BOBBIE LINDSAY, elected
officials of the Town of Palm Beach, Florida;
MAYOR BRENT LATHAM, VICE MAYOR
RICHARD CHERVONY, and
COMMISSIONER ANDY ROTONDARO,
elected officials of North Bay Village, Florida;
MAYOR GLENN SINGER, an elected official
of the Town of Golden Beach, Florida;
MAYOR BERNARD KLEPACH, an elected
official of Indian Creek, Florida;
MAYOR JEFFREY P. FREIMARK, VICE-
MAYOR SETH E. SALVER, COUNCILMAN
DAVID ALBAUM, and COUNCILMAN
DAVID WOLF, elected officials of the Village
of Bal Harbour, Florida;
MAYOR MARGARET BROWN,
COMMISSIONER MARY MOLINA-MACFIE,
COMMISSIONER CHRIS EDDY,
COMMISSIONER HENRY MEAD, and
COMMISSIONER BYRON L. JAFFE, elected
officials of the City of Weston, Florida;
MAYOR SHELLY PETROLIA, VICE-
MAYOR RYAN BOYLSTON, DEPUTY
VICE-MAYOR ROB LONG,
COMMISSIONER ADAM FRANKEL, and
COMMISSIONER ANGELA BURNS, elected
officials of the City of Delray Beach, Florida;
MAYOR JOSEPH AYOUB, COMMISSIONER
ANDY STEINGOLD, COMMISSIONER
Page 147 of 188
4
CARLOS DIAZ, COMMISSIONER NANCY J.
BESORE, and COMMISSIONER CLIFF
MERZ, elected officials of the City of Safety
Harbor, Florida;
COMMISSIONER JEREMY KATZMAN, an
elected official of Cooper City, Florida;
MAYOR SCOTT J. BROOK, VICE-MAYOR
SHAWN CERRA, COMMISSIONER JOSHUA
SIMMONS, COMMISSIONER JOY CARTER,
and COMMISSIONER NANCY METAYER
BOWEN, elected officials of the City of Coral
Springs, Florida;
VICE-CHAIR ERIK BRECHNITZ, an elected
official of the City of Marco Island, Florida;
VICE MAYOR ARLENE SCHWARTZ,
COMMISSIONER ANTONIO V. ARSERIO,
COMMISSIONER JOANNE SIMONE, and
COMMISSIONER ANTHONY N.
CAGGIANO, elected officials of the City of
Margate, Florida;
MAYOR ROBERT T. WAGNER, COUNCIL
MEMBER JOHN STEPHENS III, COUNCIL
MEMBER TORY CJ GEILE, COUNCIL
MEMBER JAMES B. BAGBY, and COUNCIL
MEMBER TERESA R. HEBERT, elected
officials of the City of Destin, Florida;
MAYOR KENNETH R. THURSTON,
COMMISSIONER MELISSA P. DUNN, and
COMMISSIONER SARAI “RAY” MARTIN,
elected officials of the City of Lauderhill,
Florida,
MAYOR BILL GANZ, VICE-MAYOR
BERNIE PARNESS, COMMISSIONER BEN
PRESTON, and COMMISSIONER MICHAEL
HUDAK, elected officials of the City of
Deerfield Beach, Florida;
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VICE-MAYOR PAUL A. KRUSS and
COMMISSIONER RACHEL FRIEDLAND,
elected officials of the City of Aventura, Florida;
VICE-MAYOR MICHAEL NAPOLEONE,
COUNCILWOMAN TANYA SISKIND,
COUNCILMAN JOHN T. MCGOVERN, and
COUNCILMAN MICHAEL DRAHOS, elected
officials of the Village of Wellington;
MAYOR FRED CLEVELAND, elected official
of the City of New Smyrna Beach, Florida;
COUNCILMEMBER JENNIFER ANDREU,
elected official of the City of Plantation, Florida;
COUNCILMEMBER KEM E. MASON, elected
official of the Town of Lantana, Florida, and
MAYOR CHARLES EDWARD DODD, VICE
MAYOR KELLY DIXON, COUNCIL
MEMBER FREDERICK B. JONES, COUNCIL
MEMBER BOB MCPARTLAN, AND
COUNCIL MEMBER CHRISTOPHER NUNN,
elected officials of the City of Sebastian, Florida,
Plaintiffs,
vs.
ASHLEY LUKIS, in her official capacity as
Chair of the Florida Commission on Ethics;
MICHELLE ANCHORS, in her official capacity
as Vice Chair of the Florida Commission on
Ethics; WILLIAM P. CERVONE, in his official
capacity as a Member of the Florida Commission
on Ethics; TINA DESCOVICH, in her official
capacity as Member of the Florida Commission
on Ethics; FREDDIE FIGGERS, in his official
capacity as a Member of the Florida Commission
on Ethics; LUIS M. FUSTE, in his official
capacity as a Member of the Florida Commission
on Ethics; and WENGAY M. NEWTON, SR., in
his official capacity as a Member of the Florida
Commission on Ethics,
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6
Defendants.
COMPLAINT
Plaintiffs bring this action against Defendants for declaratory and injunctive relief, and
state as follows:
OVERVIEW
1. This is an action by a large number of Florida municipalities and elected municipal
officials challenging a recently enacted law (“SB 774”) that requires municipal elected officials in
office as of January 1, 2024, to disclose quintessentially private, highly personal financial
information, including, among other things, the exact amount of their net worth and income, the
total dollar value of their household goods, and the precise value of every asset and amount of
every liability in excess of $1,000, on or before July 1, 2024, or otherwise face significant fines,
civil penalties, and even potential removal from office.
2. SB 774 amended, among other statutes, sections 112.3144, and 99.061, Florida
Statutes, and renders elected municipal officials and candidates subject to the financial disclosure
requirements of article II, section 8(j) of the Florida Constitution.
3. Prior to the enactment of SB 774, elected municipal officials and candidates were
required to provide financial disclosures via a document called “Form 1,” pursuant to section
112.3145, Florida Statutes, but were not subject to the requirements of article II, section 8(j).
However, sections 112.3144 and 99.061, as amended by SB 774 in 2023, make all elected
municipal officers and candidates subject to the filing requirements of “Form 6,” which demands
much more intrusive financial disclosures as outlined in the Florida Constitution and section
112.3144. A copy of Form 1 is attached as Exhibit A, and a copy of Form 6 is attached as Exhibit
B.
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4. Forcing municipal elected officials and candidates to publicly disclose such private
information impairs their right to privacy under the Floria Constitution. Because the right to
privacy is enumerated as a fundamental right, any such impairment is impermissible unless it is
the least restrictive means of achieving a compelling state interest.
5. Rather than being the least restrictive means of accomplishing a compelling state
interest, the new financial disclosure requirements imposed on municipal officials and candidates
through SB 774 are the most restrictive means available—stricter and more onerous than those
required of federal elected officials (including the President of the United States) and of elected
officials in other states throughout the country.
6. The additional financial information required to be disclosed by Form 6 (e.g., the
exact net worth, exact income, and precise values of household goods and other assets and
liabilities), as compared to Form 1, has little bearing, if any, on an elected official’s municipal
service, does not prevent conflicts of interest or public corruption, and does not increase public
confidence in government.
7. Form 1 is a less restrictive alternative means of accomplishing the same
governmental interests, as would be the less onerous disclosure forms used by the federal
government or any of the other states in the United States.
8. Indeed, municipal elected officials and candidates operated under the requirements
of Form 1 for decades, and nothing in the Legislature’s enactment of the new Form 6 requirement
reflected that Form 1 was insufficient and necessitated a change.
9. As such, this action seeks an order (i) declaring the 2023 amendments to sections
112.3144 and 99.061, Florida Statutes, related to elected municipal officials and candidates and
any penalties arising therefrom, including those in section 112.317, Florida Statutes, violate Article
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1, Section 23 of the Florida Constitution, and (ii) enjoining Defendants from enforcing the
disclosure requirements.
JURISDICTION AND VENUE
10. This is an action for declaratory relief, pursuant to Chapter 86, Florida Statutes,
seeking to declare that the 2023 amendments to sections 112.3144 and 99.061, Florida Statutes,
and any penalties arising therefrom, including those in section 112.317, Florida Statutes, are
unconstitutional and invalid. The Court has jurisdiction to grant declaratory relief. See §§ 86.011,
86.021, 86.101, Fla. Stat. The Court further has jurisdiction to grant supplemental relief, including
injunctive relief. § 86.061, Fla. Stat.
11. Venue is proper in Leon County because Defendants are all members of the
Commission on Ethics, which is located and conducts business in Leon County, Florida. In
addition, any enforcement of the Form 6 requirement would take place in Leon County, Florida.
12. All conditions precedent to the institution of this lawsuit have been, or will be,
satisfied or waived.
THE PARTIES
13. The Plaintiffs in this action consist of Florida municipalities and current elected
officials of Florida municipalities.
A. The Municipal Plaintiffs
14. The Florida municipal plaintiffs, each of which is an incorporated municipality
existing under the laws of the State of Florida (collectively, “Municipal Plaintiffs”), consist of:
a. Town of Briny Breezes, located in Palm Beach County, Florida;
b. City of Miami Springs, located in Miami-Dade County, Florida;
c. City of Lighthouse Point, located in Broward County, Florida;
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d. Town of Palm Beach, located in Palm Beach County, Florida;
e. North Bay Village, located in Miami-Dade County, Florida;
f. Town of Golden Beach, located in Miami-Dade County, Florida;
g. Village of Indian Creek, located in Miami-Dade County, Florida;
h. Village of Bal Harbour, located in Miami-Dade County, Florida;
i. City of Weston, located in Broward County, Florida;
j. City of Delray Beach, located in Palm Beach County, Florida;
k. City of Safety Harbor, located in Pinellas County, Florida;
l. Cooper City, located in Broward County, Florida;
m. City of Coral Springs, located in Broward County, Florida;
n. City of St. Augustine, located in St. Johns County, Florida;
o. City of Marco Island, located in Collier County, Florida;
p. Village of Key Biscayne, located in Miami-Dade County, Florida;
q. City of Wilton Manors, located in Broward County, Florida;
r. City of Margate, located in Broward County, Florida;
s. City of Destin, located in Okaloosa County, Florida;
t. City of Lauderhill, located in Broward County, Florida;
u. City of Deerfield Beach, located in Broward County, Florida;
v. City of Aventura, located in Miami-Dade County, Florida;
w. Village of Wellington, located in Palm Beach County, Florida;
x. Village of Pinecrest, located in Miami-Dade County, Florida;
y. City of New Smyrna Beach, located in Volusia County, Florida, and
z. City of Sebastian, located in Indian River County, Florida.
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15. As a result of SB 774, as of January 1, 2024, each elected member of, and candidate
for, the governing body of every Municipal Plaintiff herein is required to file a Form 6.
16. The Municipal Plaintiffs each have a strong interest in having qualified people run
for, and continue to serve in, municipal elected office. The Form 6 requirement will deter qualified
people from running for and serving in elected office in the Municipal Plaintiffs. In fact, the Florida
League of Cities has advised that, throughout Florida, over 100 municipal elected officials have
already resigned rather than be subjected to the filing of a Form 6 financial disclosure, significantly
disrupting the operations of those municipalities.
17. For example, in plaintiff Briny Breezes, former Mayor Gene Adams, former
Council President Christina Adams, and former Alderman and Council President Sue Thaler all
resigned in December 2023 because of the Form 6 requirement. As a result of resignations,
municipalities, including Municipal Plaintiffs, have been (and/or will be) forced to expend
significant public funds for filling vacancies, including temporary appointments and special
elections. In addition, the vacancies have disrupted municipal operations.
18. In addition, pursuant to section 112.3144(9), a municipal elected official can be
subject to “an order recommending that the officer or employee be removed from his or her public
office” for refusing to file the Form 6, potentially creating even more vacancies, disrupting
Municipal Plaintiffs’ operations, and causing the additional expenditure of public funds to fill
those vacancies.
19. The Florida Legislature has expressly recognized the strong interest of the
Municipal Plaintiffs to attract qualified candidates to run for and hold office, and the importance
of ensuring that ethics laws not deter people from seeking municipal elected office:
It is also essential that government attract those citizens best qualified to serve.
Thus, the law against conflict of interest must be so designed as not to impede
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unreasonably or unnecessarily the recruitment and retention by government of
those best qualified to serve. Public officials should not be denied the opportunity,
available to all other citizens, to acquire and retain private economic interests
except when conflicts with the responsibility of such officials to the public cannot
be avoided.
§ 112.311, Fla. Stat. The application of the Form 6 disclosure requirement does precisely what the
law says it is not to do, to the detriment of the Municipal Plaintiffs: it “impede[s] unreasonably or
unnecessarily the recruitment and retention by government of those best qualified to serve.”
Indeed, its impact is particularly felt at the municipal level where local legislators volunteer to
serve their fellow residents, often with little or no compensation.
20. The Municipal Plaintiffs thus have a statutorily recognized interest in ensuring that
qualified candidates run for office and remain in office and thus have a substantial interest in this
action.
B. The Elected Official Plaintiffs
21. The “Elected Official Plaintiffs” consist of the following, each of whom is currently
serving as a municipal elected official:
a. Town of Briny Breezes President of Town Council Elizabeth A. Loper;
b. Town of Briny Breezes Alderman Keith J. Black;
c. Town of Briny Breezes Alderman Kathleen M. Gross;
d. Town of Briny Breezes Alderman William Birch;
e. City of Miami Springs Councilmember Walter Fajet;
f. City of Miami Springs Councilmember Jacky Bravo;
g. City of Lighthouse Point Commissioner Patricia Petrone;
h. Town of Palm Beach Mayor Danielle H. Moore;
i. Town of Palm Beach President of Town Council Margaret A. Zeidman;
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j. Town of Palm Beach Council Member Edward A. Cooney;
k. Town of Palm Beach Council Member Lewis Crampton;
l. Town of Palm Beach Council Member Julie Araskog;
m. Town of Palm Beach Council Member Bobbie Lindsay;
n. North Bay Village Mayor Brent Latham;
o. North Bay Village Vice Mayor Richard Chervony;
p. North Bay Village Commissioner Andy Rotondaro;
q. Golden Beach Mayor Glenn Singer;
r. Indian Creek Mayor Bernard Klepach;
s. Village of Bal Harbour Mayor Jeffrey P. Freimark ;
t. Village of Bal Harbour Vice-Mayor Seth E. Salver;
u. Village of Bal Harbour Councilman David Albaum;
v. Village of Bal Harbour Councilman David Wolf;
w. City of Weston Mayor Margaret Brown;
x. City of Weston Commissioner Mary Molina-Macfie;
y. City of Weston Commissioner Chris Eddy;
z. City of Weston Commissioner Henry Mead;
aa. City of Weston Commissioner Byron L. Jaffe;
bb. City of Delray Beach Mayor Shelly Petrolia;
cc. City of Delray Beach Vice Mayor Ryan Boylston;
dd. City of Delray Beach Deputy Vice-Mayor Rob Long;
ee. City of Delray Beach Commissioner Adam Frankel;
ff. City of Delray Beach Commissioner Angela Burns;
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gg. City of Safety Harbor Mayor Joseph Ayoub;
hh. City of Safety Harbor Commissioner Andy Steingold;
ii. City of Safety Harbor Commissioner Carlos Diaz;
jj. City of Safety Harbor Commissioner Nancy J. Besore;
kk. City of Safety Harbor Commissioner Cliff Merz;
ll. Cooper City Commissioner Jeremy Katzman;
mm. City of Coral Springs Mayor Scott J. Brook;
nn. City of Coral Springs Vice Mayor Shawn Cerra;
oo. City of Coral Springs Commissioner Joshua Simmons;
pp. City of Coral Springs Commissioner Joy Carter;
qq. City of Coral Springs Commissioner Nancy Metayer Bowen;
rr. City of Marco Island Vice-Chair Erik Brechnitz;
ss. City of Margate Vice-Mayor Arlene Schwartz;
tt. City of Margate Commissioner Antonio V. Arserio;
uu. City of Margate Commissioner Joanne Simone;
vv. City of Margate Commissioner Anthony N. Caggiano;
ww. City of Destin Mayor Robert T. Wagner;
xx. City of Destin Council Member John Stephens III;
yy. City of Destin Council Member Torey CJ Geile;
zz. City of Destin Council Member James B. Bagby;
aaa. City of Destin Council Member Teresa R. Hebert;
bbb. City of Lauderhill Mayor Kenneth R. Thurston;
ccc. City of Lauderhill Commissioner Melissa P. Dunn;
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ddd. City of Lauderhill Commissioner Sarai “Ray” Martin;
eee. City of Deerfield Beach Mayor Bill Ganz;
fff. City of Deerfield Beach Vice-Mayor Bernie Parness;
ggg. City of Deerfield Beach Commissioner Ben Preston;
hhh. City of Deerfield Beach Commissioner Michael Hudak;
iii. City of Aventura Vice-Mayor Paul A. Kruss;
jjj. City of Aventura Commissioner Rachel Friedland;
kkk. Village of Wellington Vice-Mayor Michael Napoleone;
lll. Village of Wellington Councilwoman Tanya Siskind;
mmm. Village of Wellington Councilwoman John T. McGovern;
nnn. Village of Wellington Councilwoman Michael Drahos;
ooo. City of New Smyrna Beach Mayor Fred Cleveland;
ppp. City of Plantation Councilmember Jennifer Andreu;
qqq. Town of Lantana Councilmember Kem E. Mason;
rrr. City of Sebastian Mayor Charles Edward Dodd;
sss. City of Sebastian Vice Mayor Kelly Dixon;
ttt. City of Sebastian Council Member Frederick B. Jones;
uuu. City of Sebastian Council Member Bob McPartlan; and
vvv. City of Sebastian Council Member Christopher Nunn.
22. The Elected Official Plaintiffs are each elected Mayors or members of the governing
bodies of incorporated municipalities existing under the laws of the State of Florida, who are
currently in office.
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23. As a result of the passage of SB 774, as of January 1, 2024, each Elected Official
Plaintiff is subject to the Form 6 financial disclosure requirements of section 8, article II of the
Florida Constitution, and section 112.3144, Florida Statutes, and are further subject to the fines,
penalties and other enforcement mechanisms outlined therein and in sections 112.317 and 112.324,
Florida Statutes, if they do not timely file Form 6 financial disclosures.
24. Each Elected Official Plaintiff is therefore required to file the requisite Form 6
(rather than the prior Form 1) on or before July 1, 2024.
25. The failure of any municipal elected official to file a Form 6, including each Elected
Official Plaintiff, subjects him or her to a daily fine of $25 per day up to a maximum of $1,500
and, following an investigation and public hearing, a potential civil penalty of up to $20,000 and,
among other things, a potential recommendation of removal from office. See §§ 112.3144(8)(f),
112.324(4), 112.317, Fla. Stat.
26. The Elected Official Plaintiffs now face the Hobson’s choice of either sacrificing
their constitutionally protected right to privacy by filing a Form 6 on or before the imminent
deadline of July 1, 2024, as now required by section 112.3144, or face fines, penalties, and other
enforcement, including the possible removal from office. Throughout Florida, more than 100
municipal elected officials have resigned rather than agree to surrender their constitutionally
protected privacy. The Elected Official Plaintiffs strongly desire to continue to serve the public
and have therefore not yet resigned, but instead have chosen to challenge the new requirement.
27. Accordingly, the Elected Official Plaintiffs each has a significant interest in this
action.
C. The Defendants
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28. Defendant, Ashley Lukis (“Lukis”) is the Chair and a Member of the Florida
Commission on Ethics (“Commission”), a commission existing pursuant to article II, section
8(h)(1) of the Florida Constitution and section 112.320, Florida Statutes. Lukis is sued in her
official capacity as Chair of the Commission.
29. Defendant, Michelle Anchors (“Anchors”) is the Vice Chair and a Member of the
Commission. Anchors is sued in her official capacity as Vice Chair of the Commission.
30. Defendant, William P. Cervone (“Cervone”) is a Member of the Commission.
Cervone is sued in his official capacity as Member of the Commission.
31. Defendant Tina Descovich (“Descovich”) is a Member of the Commission.
Descovich is sued in her official capacity as Member of the Commission.
32. Defendant, Freddie Figgers (“Figgers”) is a Member of the Commission. Figgers is
sued in his official capacity as Member of the Commission.
33. Defendant, Luis Fuste (“Fuste”) is a Member of the Commission. Fuste is sued in
his official capacity as Member of the Commission.
34. Defendant, Wengay M. Newton, Sr. (“Newton”) is a Member of the Commission.
Newton is sued in his official capacity as Member of the Commission.
35. Lukis, Anchors, Cervone, Descovich, Figgers, Fuste, and Newton, collectively,
comprise the Commission.
36. “The Agency Head is the entire Commission, which is responsible for final agency
action.” See Statement of Organization and Operation of the Commission on Ethics,
https://www.ethics.state.fl.us/Documents/Ethics/statement%20of%20org.pdf?cp=2024127, last
accessed February 12, 2024.
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37. The Commission, through each Defendant, is charged with implementing and
enforcing the State’s financial disclosure laws, including, among many other things, the receipt of
the Form 6 disclosure forms, training regarding Form 6, investigating alleged violations regarding
Form 6 filings, imposing fines for failure to file Form 6, holding enforcement hearings regarding
failure to file Form 6, making recommendations of removal from office for failure to file Form 6,
and rendering legally binding advisory opinions regarding Form 6. See Art II, § 8(g), Fla. Const.;
§§ 112.3144, 112.317, 112.320, Fla. Stat.
38. The Commission is also required to identify every person required to file Form 6,
provide notice of said requirements to each person subject to these disclosures, and ensure
compliance with the disclosure requirements by each person subject thereto. See Art II, § 8(g), Fla.
Const.; §§ 112.3144, 112.317, 112.320, Fla. Stat.
39. In addition, the Commission’s 2022 Annual Report (as well as previous annual
reports) expressly requested that the Legislature enact legislation to require municipal elected
officials to complete Form 6, rather than Form 1, leading to the enactment of SB 774. See Annual
Report to the Florida Legislature for Calendar Year 2022, p. 23,
https://ethics.state.fl.us/Documents/Publications/2022%20Annual%20Report.pdf?cp=202425
(last accessed February 12, 2024). The only justification given by the Commission for its
recommendation was:
Elected municipal officials are very important and administer vast amounts of
public resources. For these, and other reasons, their disclosure should be on par
with that of county officials and others who file Form 6, rather than Form 1. The
Commission believes the enhanced disclosure should be applied to all elected
municipal officials regardless of the population or revenue of the municipality.
40. Nowhere in its report did the Commission conclude that there has been an increase
in the need to oppose corruption or conflicts of interest at the municipal level or that Form 1 in any
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way was insufficient to the task of guarding against those governmental ills. In short, the
Commission justified its recommendation merely by noting that municipal officials should have
to disclose the same information others already disclose, without regard to the municipality’s
population, revenue, annual budget, or any elected municipal compensation amount, if any.
41. Plaintiffs bring this action against the state officers (namely, the members of the
Commission) who have the responsibility to enforce the Form 6 requirement against municipal
elected officials (including the Elected Official Plaintiffs) and seek only declaratory and injunctive
relief to end the continuing violations of Article 1, Section 23 of the Florida Constitution. Plaintiffs
do not seek damages in this action.
BACKGROUND
A. History of Ethical Standards in Florida
42. Beginning in the late 1960s, the Florida Legislature has enacted numerous laws
regulating ethical conduct for Florida’s elected officials, including laws related to the solicitation
or acceptance of gifts, unauthorized compensation, misuse or abuse of public position, disclosure
of certain information, doing business with one’s agency, conflicting employment, lobbying
restrictions, dual public employment, anti-nepotism, conflicts of interest, and financial disclosure.
See generally Chapter 112, Fla. Stat.
43. The interests that the financial disclosures are intended to serve are stated by the
Commission: “Financial disclosure is required of public officials and employees because it enables
the public to evaluate potential conflicts of interest, deters corruption, and increases public
confidence in government.” See Florida Commission on Ethics, Financial Disclosure Information,
www.ethics.state.fl.us/FinancialDisclosure/Index.aspx, last accessed February 12, 2024.
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44. In 1976, the Florida Constitution was amended to require that all elected state
constitutional officers annually file a full and public disclosure of their financial interests, which
is done through the state-adopted Form 6, which requires the disclosure of highly personal
financial information. See Art. II, § 8, Fla Const.; § 112.3144, Fla. Stat. See also Exh. B.
45. The Form 6 requirement did not apply to elected municipal officials or candidates
for elected municipal office prior to 2024.
B. The Change from Form 1 to Form 6 For Elected Municipal Officials
46. Instead, until 2024, elected municipal officials have been required to make a more
limited financial disclosure that nevertheless provides sufficient information to satisfy the interest
of preventing conflicts of interest and public corruption and increasing public confidence in
government. See § 112.3145, Fla. Stat. The elected municipal officials’ financial disclosure has
for years been accomplished through the use of Form 1. See Exh. A.
47. In the 2023 legislative session, the Florida Legislature duly enacted (and the
Governor signed) SB 774, which was codified at Laws of Florida 2023-09, and which amended
(in relevant part) sections 99.061, 112.3144 and 112.317, Florida Statutes to change the financial
disclosure requirements to now require that all elected municipal mayors and elected members of
the governing board (and candidates for such offices) file a Form 6 financial disclosure, rather than
the previously required Form 1. See S.B. 774; § 112.3144, Fla. Stat. (2023).
C. Comparison of Form 6 to Form 1
48. Form 6 represents a highly intrusive and extreme level of required financial
disclosure, mandating the disclosure of private financial information unrelated to any official
duties and unnecessary to satisfy the interest of preventing conflicts of interest and public
corruption or increasing public confidence in government.
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49. Specifically, Form 6 requires that the official disclose:
(a) the official’s exact net worth, to the penny, (b) the exact aggregate value
of all household goods and personal effects, (c) the precise value of every
other asset individually valued at over $1,000 (including a description of
the asset), (d) the exact outstanding amount of all liabilities in excess of
$1,000, including the name and address of the creditor, (e) every primary
source of income that exceeded $1,000 during the year, including the name
and address of the source of income and the precise amount of income, (f)
every secondary source of income in excess of $1,000 from any business of
which the official owns more than 5%, including the name of the business
entity, the major sources of business income (namely, any that account for
10% or more of the business’s revenue), and the address and principal
business activity or source, and (g) any interest in certain specified types of
businesses.
See Exh. A.
50. In contrast, Form 1 requires that the official disclose:
(a) the name, address and principal business active for every primary
sources of income in excess of $2,500 (but not the amount), (b) every
secondary source of income in excess of $5,000 from any business of which
the official owns more than 5%, including the name of the business entity,
the major source of business income (any that account for 10% or more of
the business’s revenue), and the address and principal business activity or
source, (c) a description of all real property (but not the value) of which the
official had more than a 5% ownership interest, (d) a description (but not
the value) of intangible property owned by the official and valued at more
than $10,000, (e) the name and address of each creditor to whom the official
owed more than $10,000 (but not the amount owed), and (f) any interest in
certain specified types of businesses.
See Exh. B.
51. The information in Form 1 and Form 6 of each filer is made publicly available
through the Commission’s website.
D. The Applicable Constitutional Protection
52. In 1980, the voters of Florida amended the Florida Constitution by adopting Article
1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the right to be
let alone and free from governmental intrusion into the person’s private life except as otherwise
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provided herein.” The only limitation on this right codified in the Florida Constitution is that the
right “shall not be construed to limit the public’s right of access to public records and meetings as
provided by law.” Art. I, § 23, Fla. Const.
53. Because the right to privacy is a fundamental right within Florida’s constitution,
the Florida Supreme Court has required that any law intruding on that right is presumptively
unconstitutional and must be justified by a “compelling state interest” which the law serves or
protects through the “least restrictive means.” See, e.g., Winfield v. Div. of Pari-Mutuel Wagering,
477 So. 2d 544 (Fla. 1985).
E. The Impact of the Change from Form 1 to Form 6 for Municipal Elected Officials
54. The imposition of the Form 6 disclosure requirements at the municipal level (a)
represents an unwarranted intrusion into the privacy of municipal elected officials, most of whom
receive little or no compensation for their service; (b) unnecessarily risks the safety of such
officials (making them targets of, among other things, robbery, identity theft, and extortion); and
(c) will deter many otherwise qualified and interested citizens from running for local office.
55. The Florida League of Cities has indicated that over 100 elected municipal officials
resigned on or before December 31, 2023, stating that they did not want to be subject to the Form
6 filing requirement (which applies to municipal elected officials in office beginning on January
1, 2024).
56. Requiring that uncompensated (or minimally compensated) municipal elected
officials disclose their precise net worth, income and assets does not serve (let alone constitute the
least restrictive means of serving) any compelling interest. Form 1 disclosures have for years
provided sufficient transparency to inform the public of potential conflicts, prevent corruption, and
create public confidence in government.
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COUNT I
VIOLATION OF RIGHT TO PRIVACY UNDER FLORIDA CONSTITUTION
57. The Plaintiffs reallege and incorporate by reference the allegations contained in
paragraphs 1 through 56, inclusive, as if fully set forth herein.
58. This count is an action for declaratory judgment, pursuant to sections 86.011, et.
seq., Florida Statutes, seeking a declaration from the Court that the requirement in section
112.3144, Florida Statutes, that municipal elected officials file Form 6 financial disclosures
violates article I, section 23 of the Florida Constitution, and is therefore unconstitutional and
invalid, and to enjoin the enforcement thereof.
59. Any law that intrudes on Florida’s Constitutional right to privacy under article 1,
section 23 is presumptively unconstitutional and must be justified by a “compelling state interest”
which the law serves or protects through the “least restrictive means.”
60. Form 6 requires the disclosure of highly private and confidential financial
information that the Elected Official Plaintiffs have kept private and desire to continue to keep
private.
61. Once disclosure occurs through the filing of Form 6 with the Commission, the
highly private financial information will be readily available on the Internet by anyone for many
years to come and will be readily associated with the individual filer.
62. Although Plaintiffs recognize the government’s interest in preventing conflicts of
interest and deterring corruption, SB 774’s expansion of section 112.3144 and the requirements of
Form 6 to municipal elected officials and candidates is not narrowly tailored to achieve this
interest.
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63. The highly intrusive disclosures required by Form 6 (as opposed to Form 1 or the
forms used by the federal government and every other state in the United States) are not the least
restrictive means to accomplish any compelling government purpose.
64. An actual controversy exists between Plaintiffs and Defendants, who have adverse
legal interests of sufficient immediacy to warrant the issuance of a declaratory judgment and
injunctive relief.
65. All elements necessary to support a cause of action for declaratory relief are
present:
a. There is a bona fide, actual, present need for a declaration that the requirement in
section 112.3144, Florida Statutes, that municipal elected officials file Form 6
financial disclosures violates article I, section 23 of the Florida Constitution.
b. The declaration sought deals with a present controversy as to an ascertainable set
of facts.
c. Plaintiffs’ constitutionally protected rights and privileges are dependent upon the
law applicable to the facts.
d. The Plaintiffs and the Defendants have an actual, present, adverse, and antagonistic
interest in the subject matter of this Complaint.
e. The antagonistic and adverse interests are all before this Court.
f. The relief sought is not merely the giving of legal advice or providing the answer
to a question propounded from curiosity, but stems from an actual controversy.
Prayer for Relief
WHEREFORE, the Plaintiffs respectfully request that judgment be entered in their favor:
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A. Declaring that the requirement in section 112.3144, Florida Statutes, that municipal
elected officials (including the Elected Official Plaintiffs) and candidates file Form
6 financial disclosures violates Article I, Section 23 of the Florida Constitution.
B. Pursuant to the Court’s power to grant supplemental relief under section 86.061,
Florida Statutes, temporarily and permanently enjoining the Defendants from
enforcing section 112.3144 (including the imposition of any fines, penalties, or other
enforcement) arising from the failure of any of the Elected Official Plaintiffs or
candidates or elected official of any of the Municipal Plaintiffs, for the failure to file
a Form 6.
C. Awarding Plaintiffs their costs incurred in bringing this action, and
D. Granting such other relief as this Court deems just and proper.
Dated this 15th day of February, 2024.
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
200 East Broward Blvd., Ste. 1900
Fort Lauderdale, FL 33301
Telephone: (954) 763-4242
By: s/ Jamie A. Cole
JAMIE A. COLE
Florida Bar No. 767573
jcole@wsh-law.com
msaraff@wsh-law.com
EDWARD G. GUEDES
Florida Bar No. 768103
eguedes@wsh-law.com
szavala@wsh-law.com
Counsel for Plaintiffs
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Kimberly Romano Kopp, Esq.
Florida Bar No. 0684511
Romano Kopp Law, P.A.
P.O. Box 5524
Destin, Florida 32541
Phone: (407) 430-7070
Email: kkopp@romanokopplaw.com
Email: tsander@romanokopplaw.com
Co-Counsel for City of Destin, Florida
Page 169 of 188
Exhibit A
Page 170 of 188
General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
Name of Source of Income Source's Address Description of the Source's
Principal Business Activity
PRIMARY SOURCE OF INCOME (Over $2,500) (Major sources of income to the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Primary Sources of Income
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2023 .
Disclosure Period
SAMPLE Printed from the Florida EFDMS System Page 1 of 4
2023 Form 1 - Statement of Financial Interests
SAMPLE SAMPLE SAMPLE
E-F
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SA
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Name of Business Entity Name of Major Sources
of Business' Income Address of Source Principal Business
Activity of Source
SECONDARY SOURCES OF INCOME (Major customers, clients, and other sources of income to businesses owned by the reporting
person) (If you have nothing to report, write “none” or “n/a”)
Secondary Sources of Income
REAL PROPERTY (Land, buildings owned by the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Location/Description
Real Property
Intangible Personal Property
INTANGIBLE PERSONAL PROPERTY (Stocks, bonds, certificates of deposit, etc. over $10,000)
(If you have nothing to report, write “none” or “n/a”)
Type of Intangible Business Entity to Which the Property Relates
SAMPLE Printed from the Florida EFDMS System Page 2 of 4
2023 Form 1 - Statement of Financial Interests
E-F
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S
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Name of Creditor Address of Creditor
LIABILITIES (Major debts valued over $10,000):
(If you have nothing to report, write “none” or “n/a”)
Liabilities
Interests in Specified Businesses
Business Entity # 1
INTERESTS IN SPECIFIED BUSINESSES (Ownership or positions in certain types of businesses)
(If you have nothing to report, write “none” or “n/a”)
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
SAMPLE Printed from the Florida EFDMS System Page 3 of 4
2023 Form 1 - Statement of Financial Interests
E-F
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SA
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Digitally signed:
Signature of Filer
Filed with COE:
SAMPLE Printed from the Florida EFDMS System Page 4 of 4
2023 Form 1 - Statement of Financial Interests
E-F
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SA
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Exhibit B
Page 175 of 188
General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
My Net Worth as of December 31, 2023 was $ [AMOUNT].
Net Worth
Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds $1,000. This category
includes any of the following, if not held for investment purposes: jewelry; collections of stamps, guns, and numismatic items;
art objects; household equipment and furnishings; clothing; other household items; and vehicles for personal use, whether
owned or leased.
ASSETS INDIVIDUALLY VALUED AT OVER $1,000:
Description of Asset Value of Asset
Assets
The aggregate value of my household goods and personal effect is N/A.
SAMPLE Printed from the Florida EFDMS System Page 1 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
SAMPLE SAMPLE SAMPLE
E-F
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SA
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Name of Creditor Address of Creditor Amount of Liability
Name of Creditor Address of Creditor Amount of Liability
LIABILITIES IN EXCESS OF $1,000:
Liabilities
JOINT AND SEVERAL LIABILITIES NOT REPORTED ABOVE:
Name of Source of Income Exceeding $1,000 Address of Source of Income Amount
Name of Business Entity Name of Major Sources of
Business Income Address of Source Principal Business
Activity of Source
Identify each separate source and amount of income which exceeded $1,000 during the year, including secondary sources of
income. Or attach a complete copy of your 2022 federal income tax return, including all W2s, schedules, and attachments.
Please redact any social security or account numbers before attaching your returns, as the law requires these documents be
posted to the Commission’s website.
Income
PRIMARY SOURCES OF INCOME:
SECONDARY SOURCES OF INCOME (Major customers, clients, etc. of businesses owned by reporting person):
o I elect to file a copy of my 2023 federal income tax return and all W2s, schedules, and attachments.
SAMPLE Printed from the Florida EFDMS System Page 2 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
E-F
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SA
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Digitally signed:
Signature of Reporting Official or Candidate
Under the penalties of perjury, I declare that I have read the foregoing Form 6 and that the facts stated in it are true.
Filed with COE:
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
Interests in Specified Businesses
Business Entity # 1
SAMPLE Printed from the Florida EFDMS System Page 3 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
E-F
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G
SA
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Request and Agreement to Serve As Named Plaintiff
On ________, 2024, the [City/Town/Village] of ____________ approved Resolution No. ______ (the
“Resolution”), authorizing the participation of the [City/Town/Village] of ________, and any of its elected
officials who choose to participate, in two lawsuits seeking declarations that the provisions of Section
112.144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 Financial Disclosure
Forms is unconstitutional and invalid (the “Lawsuits”). I hereby request and agree to serve as a named
plaintiff in the Lawsuits, pursuant to the terms of the Resolution, including the section related to conflicts
of interest, and for the law firm of Weiss Serota Helfman Cole + Bierman PL to represent me in the
Lawsuits.
Signature: __________________________
Name: __________________________
Position: __________________________
Municipality: __________________________
Date: ___________________________
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RESOLUTION NO. 24-05
A RESOLUTION OF THE CITY CRESTVIEW OKALOOSA,
AUTHORIZING PARTICIPATION IN LITIGATION SEEKING A
DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d),
FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED
OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS
UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, since 1976, Article II, Section 8 of the Florida Constitution has required
that all elected State constitutional officers file a full and public disclosure of their financial
interests, which is done through a state-adopted form (“Form 6”) that requires, among other
things, the disclosure of the specific amounts of an official’s net worth, income and asset values;
and
WHEREAS, historically, municipal elected officials have been required to make a more
limited financial disclosure that is done through a different state-adopted form (“Form 1”) that
requires, among other things, the disclosure of information related to sources of income, real
property, intangible personal property liabilities and interests in specified businesses, but does
not include the specific amounts of an official’s net worth, income and asset values; and
WHEREAS, the Mayor and all current elected members of the City of Crestview (the
“City Elected Officials”) were elected by the voters of the City subject to and in reliance upon
Florida law that required them to annually file Form 1 (not Form 6) financial disclosures forms;
and
WHEREAS, although the State Legislature has the power in the Florida Constitution to
require that additional public officers file a full and public disclosure of their financial interests,
it must do so consistent with other constitutional limitations; and
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WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting
Article 1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the
right to be let alone and free from governmental intrusion into the person’s private life except as
otherwise provided herein”; and
WHEREAS, because the right of privacy is a fundamental right within Florida’s
constitution, the Florida Supreme Court has consistently required that any law intruding on the
right is presumptively unconstitutional and must be justified by a “compelling state interest”
which the law serves or protects through the “least restrictive means;” and
WHEREAS, the First Amendment to the United States Constitution, and Article 1,
Section 4 of the Florida Constitution, protects the freedom of speech, which includes the right to
choose what to say and what not to say, any impairment of which must be justified by a
“compelling state interest” which the law serves or protects through the “least restrictive means;”
and
WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and
codified at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the financial
disclosure requirements and now require that all elected municipal mayors and elected members
of the governing board file a Form 6 financial disclosure, which is substantially more
burdensome and personally intrusive than the Form 1; and
WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal level
(a) represents an unwarranted intrusion into the privacy rights of municipal elected officials,
most of which receive little or no compensation for their service, (b) unnecessarily risks the
safety of such officials (making them targets of, among other things, burglary, identity theft and
Page 181 of 188
3 | P a g e
extortion), and (c) will deter many otherwise qualified and interested citizens from running for
office; and
WHEREAS, in fact, over 100 municipal elected officials resigned from office prior to
December 31, 2023, as a result of the new disclosure requirements, disrupting the ability of some
local governments to operate for lack of a quorum; and
WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the
municipal level is not the least restrictive means of serving the governmental interests of
preventing abuse of the public trust, as demonstrated by, among other things, the lack of such
requirements at the municipal level in other states and at the federal level (even the President of
the United States and members of the U.S. Congress are not required to make such extensive
disclosures); and
WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose their
precise net worth, income and assets does not serve (let alone constitute the least restrictive
means of serving) any compelling interest – Form 1 disclosures constitutes sufficient
transparency to inform the public of potential conflicts; and
WHEREAS, the imposition of new financial disclosure requirements upon municipal
elected officials who were elected without such requirements violates due process, is
fundamentally unfair and violates fundamental constitutional rights; and
WHEREAS, a group of municipalities and municipal elected officials filed two lawsuits,
one in State Court and one in Federal Court, on February 15, 2024, seeking a declaration that the
provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to
file Form 6 financial disclosure forms are unconstitutional and invalid and should be enjoined
(the “Lawsuits”); and
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WHEREAS, the City of Crestview believes it is in the best interest of the citizens and
residents of the City to participate in the Lawsuits and urges other municipalities and their
elected officials to also participate as plaintiffs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA AS FOLLOWS:
Section 1: That the foregoing “WHEREAS” clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2: The City of Crestview hereby authorizes the participation of the City, and
any of individual Members of the City Council who choose to participate as plaintiffs, in the
Lawsuits.
Section 3 : Weiss Serota Helfman Cole + Bierman, PL (the “Firm”) is hereby retained
to represent the City in the Lawsuits. The Firm will charge the City a flat fee, inclusive of
attorneys’ fees and costs, of $10,000 to represent the City and the individual elected officials
who choose to participate as plaintiffs, for the Lawsuits in the trial court. The City and elected
officials recognize that such flat fee may be less than the actual attorneys’ fees and costs
incurred, and that if the City and elected officials prevail in the Lawsuits, the Firm may apply
with the Court for its actual reasonable attorneys’ and costs from the defendants. The filing of
any appeals will be authorized by separate resolution under the terms thereof. The City and its
elected officials also acknowledges that the Firm will be representing other local governments
and officials in this lawsuit and waives any conflicts related to such representation. The City
further acknowledges that, from time to time, the Firm may be called upon by client to represent
them as to requests for various approvals and as to other matters with respect to or involving the
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City. The City hereby waives any potential conflict of interest in the Firm’s representation of
those clients arising from its representation of the City in the Lawsuit.]
Section 4:The City of Crestview invites and urges other local governments and
elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts with
the City.
Section 5: The City Clerk is directed to distribute this Resolution to all local
governments in Okaloosa County.
Section 6: That the appropriate City Officials are hereby authorized to do all things
necessary and expedient to carry out the aims of this Resolution.
Section 7: That this Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ______ day of ____________________, 2024.
________________________________
JB Whitten, Mayor
ATTEST:
______________________________
Maryanne Schrader, City Clerk
Approved as to form:
_______________________________
Jonathan Holloway, City Attorney
Page 184 of 188
CITY OF CRESTVIEW Item # 12.2.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Gina Toussaint, Finance Director
DATE: 2/21/2024
SUBJECT: Financial Update - Finance Director
BACKGROUND:
This is a presentation of the monthly financial information as required by the City Charter.
DISCUSSION:
Below you will find the links to the Noveber and December Monthly Financial Statements, First Quarter
Pooled Cash Carryforward as well as the January Check Register.
Follow this link by clicking on the icon with the arrow for the January Check Register.
Follow this link by clicking on the icon with the arrow for the January Amazon ECheck Register.
Follow this link by clicking on the icon with the arrow for the December Monthly Financial Statement
Follow this link by clicking on the icon with the arrow for the November Monthly Financial Statement.
Follow this link by clicking on the icon with the arrow for the Pooled Cash Carry Forward.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
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Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
RECOMMENDED ACTION
No action required.
Attachments
None
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CITY OF CRESTVIEW Item # 12.3.
Staff Report
CITY COUNCIL MEETING DATE: February 26, 2024
TYPE OF AGENDA ITEM: Presentation
TO: Mayor and City Council
CC: City Manager, City Clerk, Staff and Attorney
FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, CDS Planning
Administrator
DATE: 2/22/2024
SUBJECT: Monthly Department Report - Community Development Services
BACKGROUND:
This item is an update regarding various aspects of the Community Development Services Department.
DISCUSSION:
CDS Overview
Just before our previous update, the Animal Control and Code Enforcement divisions of CDS were moved to
the Police Department. Despite the move, staff in CDS has continued to operate at the same level of efficiency
with those divisions and has grown in efficiency working with other departments of the City as well. CDS
provides support to Code Enforcement in cases related to unsafe structures and provides permit information,
and CDS continues to assist Animal Services in the design of an updated facility. We coordinate with the
Director of Operations and our Public Services department to support the various infrastructure projects around
the City, pursuing grant applications and obtaining letters of support when applicable. Whenever possible, we
work to build strong, lasting relationships with other private and public organizations in the local area.
In an effort to prioritize safety and efficiency, CDS staff worked with our Director of Operations to design a
remodel of the Department. This will provide for a more suitable permitting area for the public as well as an
improved office layout for staff. We expect to see significant movement on this project throughout the coming
year.
Building, Permits and Inspections Division
In the Building Division, we've been able to further improve our customer service ability and solution-focused
culture through hiring a new permit technician, as well as a new building inspector. We are able to take more
time helping contractors become more familiar with the MyGovernmentOnline (MGO) permitting software,
and permitting staff continues to find better ways to integrate this software throughout other departments and
divisions in the City. As an example, Last year, our permitting and licensing specialist identified an issue in the
MGO system, and pursued permit-holders to recover $308,600.00 of unrealized Public Safety Impact Fees that
we wouldn't have otherwise received.
In December, permitting staff organized and conducted a multi-jurisdictional Building Forum to allow local
jurisdictions to inform and discuss upcoming building code changes with local contractors, before they took
effect. The forum was a success, with 72 in attendance, and the division looks forward to conducting more
similar events in the future. Our inspectors continue to pass examinations for new buildings trades and other
certifications, achieving 5 in the past year. This division has issued 1365 permits since January 1st, 2023.
Planning and Zoning
The Planning and Zoning Department continues to work more closely with developers to help them navigate
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the development process or the process of opening a business. Since January 1st, 2023, we've issued 109 new
BTR's, and have renewed 907 BTR's from last year, so far. Last year we were able to bring the BTR to a flat
rate and provide a suitable fee for necessary fire inspections that were already being conducted. Staff is
currently working with MGO staff to move the Planning and Zoning processes into the MGO system, which
will eventually include the BTR process, to further increase efficiency and ease-of-use across the board.
Since January 1, 2023, 619.53 acres of land were annexed through 8 applications. We issued 16 development
orders for commercial sites, and 4 development orders for subdivisions, totaling 1,304 proposed residential
units (640 lots and 664 multifamily units). There are currently 25 active commercial projects under
construction, with an additional 7 in the review process for development order issuance. There are 3
subdivision projects under construction in various phases of development, and an additional 8 in the review
process.
Over the past year or so, planning and zoning staff have taken over the planning processes related to the
Community Development Block Grant (CDBG) program, and have also begun the process necessary to
administer the State Housing Initiatives Partnership (SHIP) program, which both provide funding for various
types of improvements and assistance for our Low to Moderate Income areas and Residents. Similarly, staff
assisted our CRA in developing grant applications for use in our Community Redevelopment Area downtown.
Our planners continue to work with our planning consultants with regard to our upcoming Comprehensive Plan
rewrite as well.
Planning staff has cooperated with Okaloosa County as it pertains to transportation planning and their
Attainable Workforce Housing Study and hope to help with the County's North-County Planning Study as
much as is needed. We've maintained a relationship with Eglin Air Force Base both as a cooperating agency in
their placement of a CDC in our area, in addition to a general relationship through other planning subjects such
as housing and transportation.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Communication- To engage, inform and educate public and staff
FINANCIAL IMPACT
This item is informational and has no financial impact.
RECOMMENDED ACTION
N/A
Attachments
None
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