Charlotte County commissioners voted unanimously Nov. 12 to begin conflict resolution proceedings with Lee County over new parking restrictions that limit access for non-Boca Grande residents. The move marks the first step toward potential litigation if the two counties fail to reach an agreement.
The dispute centers on parking regulations enacted in August on Boca Grande, a barrier island divided between the two counties. While the northern portion lies in Charlotte County, the main village and the southern two-thirds are in Lee County.
Commissioners said the new restrictions effectively prevent Charlotte County residents from enjoying Boca Grande’s beaches, restaurants and shops — places they have frequented for decades.
Charlotte County commissioners voted unanimously Nov. 12 to begin conflict resolution proceedings with Lee County over new parking restrictions for non-Boca Grande residents.
Charlotte County government
Lee County’s ordinance limits parking to three hours in downtown Boca Grande for vehicles without permits and eliminates public beach parking between First and 19th streets. It also establishes several permit categories for nonresidents, including employees, hotel and rental guests, long-term visitors and workers. Violations carry fines of up to $200 for standard parking infractions and up to $500 for blocking driveways.
Charlotte County’s action invokes Florida’s intergovernmental dispute process under Chapter 164 of state law. If negotiations fail, the law requires a joint meeting between both county commissions before legal action can proceed.
Commissioners also agreed to have a facilitator present at the initial meeting, though it remains unclear which county will cover the cost.
Commissioner Chris Constance said he was confident that if Charlotte County takes the issue to court, the county will prevail.
The vote follows weeks of mounting frustration among residents, many of whom urged commissioners to take legal action. At the Oct. 28 board meeting, dozens of Charlotte County residents called for an injunction against Lee County, saying the ordinance bars them from spending time on the island.
Charlotte County Commission Chair Joe Tiseo, shown at the Nov. 12 meeting, called the proliferation of Boca Grande parking signs “sign pollution.”
Charlotte County government
Commission Chair Joe Tiseo, who recently toured Boca Grande, criticized the volume of signs marking restricted parking zones, describing them as “godawful signs” and calling the situation “sign pollution.”
Charlotte County resident and Vietnam veteran Skip Wilkins spoke passionately during public comment. He said what is happening in Lee County “is not democracy” and that “a select group of very wealthy people hired an attorney to adopt an ordinance that was rubber-stamped by Lee County. That’s not a democracy, it’s a plutocracy.”
Charlotte County resident Skip Wilkins speaks during public comment at the Nov. 12 commission meeting, urging action against Lee County’s parking ordinance.
Charlotte County government
Local business owners who live outside the island also voiced opposition. Among them are South Beach Bar and Grille co-owners Bart DeStefano and Marco Meola, who have appeared at prior meetings to challenge the ordinance’s impact on tourism and local commerce.
At the Nov. 12 meeting, commissioners appointed Tiseo to represent Charlotte County during the conflict assessment meeting, expected to take place later this year. If that meeting fails to produce a resolution, the counties must hold a joint public session before Charlotte County can move forward with its lawsuit, County Attorney Janette Knowlton advised.
Charlotte County’s formal resolution outlines nine key points of contention. It questions whether Lee County’s ordinance constitutes a more restrictive regulation prohibited under Florida Statute 252.422 and whether it establishes a tiered parking system that limits Charlotte County residents’ access to public beaches.
The county also seeks evidence that Lee County conducted a business impact analysis or parking study before adopting the ordinance. Other concerns include whether less restrictive alternatives were considered and whether Charlotte County residents should serve on Lee’s Parking Oversight Committee.
Commissioners said they hope the conflict resolution process leads to compromise but emphasized that Charlotte County is prepared to defend its residents’ access to Boca Grande if the talks fail.