§ 1. Findings.

It is hereby ascertained, determined and declared that:

A.

The real properties within the boundaries as identified in Appendix A are located in Okaloosa County and shall benefit from the Restoration Project.

B.

The Restoration Project is necessary.

C.

The Okaloosa County Board of County Commissioners finds that the most equitable method of providing funding for a portion of the cost of the Project is through the creation of an Okaloosa County Beach Restoration Project Municipal Services Benefit Unit (Unit) to include:

1.

The Okaloosa Island Assessment area for the real properties within the boundaries described in the attached Appendix B, and

2.

The Destin West Assessment area for the real properties within the boundaries described in the attached Appendix C.

The Unit will utilize assessments to insure that those real property owners benefiting most from the Beach Restoration Project shall fund a portion of the cost of such beach restoration.

Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of County ordinances.

In addition to its powers of self-government, the Board is authorized by Sections 125.01(1)(q) and (r), Florida Statutes, to establish municipal service benefit units for all or any part of the unincorporated area within the County, or within the municipal boundaries of an incorporated area upon consent of the governing body of the affected municipality, to provide essential facilities and services.

Beach erosion control and renourishment services, facilities and programs constitute municipal services within the meaning of Section 125.01 (1) (q), Florida Statutes.

The Assessments authorized by this Ordinance shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act.

The Assessments imposed pursuant to this Ordinance will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed solely as ministerial.

For the purpose of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. Words used herein and not otherwise defined shall have the meaning given to them in the Act.

"ANNUAL OKALOOSA COUNTY BEACH RESTORATION PROJECT ASSESSMENT" means the annual assessment imposed upon real property for the provision of the Restoration Project.

"ANNUAL BEACH RESTORATION PROJECT ASSESSMENT ROLL" means the lists prepared by the County and confirmed by the Board containing a summary description of each parcel of real property within the unit, the name and address of the owner of each such parcel and the assessment authorized by this Ordinance against each parcel.

"ASSESSMENT COORDINATOR" means the person designated by the Executive Director of the Okaloosa County Tourist Development Council to administer and coordinate Assessments, or such person's designee.

"BOARD" means the Board of County Commissioners of Okaloosa County, Florida, or the governing body by any other name in which the general legislative powers of the County are vested.

"CLERK" means the Clerk of the Circuit Court of Okaloosa County, Florida.

"COUNTY" means Okaloosa County, Florida.

"GOVERNMENTAL AGENCY" any local, state, or federal agency.

"OWNER" means the person or persons owning or leasing an interest in real property located within the unit, as identified by the records of the Property Appraiser's office.

"PERSON" means an individual, partnership, corporation, joint venture, private or public service company or entity, however organized.

"PROPERTY APPRAISER" means the Property Appraiser of Okaloosa County, Florida.

"RATE RESOLUTION" means the resolution adopted under the provisions of Section 11 of this Ordinance incorporating a schedule of annual assessments to be imposed upon the Owners of all Real Property in the Unit.

"REAL PROPERTY" means each parcel, unit, leasehold, or leasehold interest, and improvements located in the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit.

"TAX COLLECTOR" means the Tax Collector of Okaloosa County, Florida.

(Ord. No. 07-57, § 1, 11-8-07; Ord. No. 07-71, § 1, 12-4-07)