Charlotte County asks Legislature to withdraw bill targeting Punta Gorda service area; board calls for study and staff talks
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Summary
After a lengthy legal briefing on overlapping utility authority, the Charlotte County Board unanimously directed staff to ask state legislators to withdraw a bill that would move Punta Gorda's service territory and to pursue a local, data-driven approach with the city including an independent technical study and interlocal talks.
The Charlotte County Board of County Commissioners on Jan. 13 unanimously asked staff to request that state legislators withdraw proposed legislation that would change jurisdiction for utility service in the unincorporated area served by Punta Gorda.
Deputy County Attorney Tom David told the board the city's 2016 ordinance removed language asserting exclusive service in targeted unincorporated areas and that both county statutes (chapter 125 and chapter 153) and case law create overlapping authority in some locations. David said there is no easy statutory fix and that, historically, interlocal agreements have been used to resolve city-county conflicts.
Commissioners said the pending bill could shift infrastructure and unfunded obligations to county ratepayers because existing city customers would remain city customers and the county could be left with infrastructure and no paying customers. The board repeatedly flagged unknowns the county needs answered: the number and identity of affected customers, which assets and bonds might be implicated, and a defensible funding plan.
"We are flying blind," the chair said during the discussion, urging a third-party, independent review of city and county utility data, capacity and financial impacts before any legislative change proceeds.
The board approved a motion recommending staff draft a courteous, factual letter asking the legislature to withdraw the bill while the county and the city pursue local meetings and an independent technical review. Commissioners emphasized they want county and Punta Gorda staff to meet regularly (administration suggested monthly staff-level meetings) and to develop an interlocal or memorandum of understanding that defines steps, costs and timelines.
What happens next: staff will draft the withdrawal letter for the chair's signature and schedule the utility- and administration-level meetings with Punta Gorda staff. The board also asked administration to identify a funding pathway for an independent study and to report back on options for a 3- to 4-month technical review.