The City of Punta Gorda is pleased to offer a domestic partnership registry. A domestic partnership may be registered between two adults who:
- Are at least 18 years of age and competent to contract.
- Are not married to or registered for a domestic partnership with each other or anyone else under Florida law.
- Are not related by blood as defined in Florida law.
- Each considers himself or herself to be a member of the immediate family of the other partner and to be jointly responsible for maintaining and supporting the registered domestic partnership.
- Live together at a mutual residence.
- Each agree to immediately notify the City Clerk, in writing, if the terms of the Registered Domestic Partnership are no longer applicable or if one of the domestic partners wishes to terminate the domestic partnership.
- Each expressly declares the desire and intent to designate his or her domestic partner as healthcare surrogate and as agent to direct the disposition of his or her body for funeral and burial or cremation.
The City of Punta Gorda Code of Ordinances defines “mutual residence” (excerpted below) and does not require that the couple only own one house. Mutual residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Registered domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return.
To the extent not superseded or preempted by federal law, state law, or other city code or ordinance, or contrary to rights conferred by contract or separate legal instrument, registered domestic partners shall have the following rights:
(a) Health Care Facility Visitation. All health care facilities operating within the City shall honor the registered domestic partnership documentation issued pursuant to this code as evidence of the partnership and shall allow a registered domestic partner visitation as provided under federal law. A dependent of a registered domestic partner shall have the same visitation rights as a patient’s child.
(b) Health Care Decisions. This section pertains to decisions concerning both physical and mental health. Registry as a domestic partner shall be considered to be written direction by each partner designating the other to make health care decisions for their incapacitated partner, and shall authorize each partner to act as the other’s healthcare surrogate as provided in Chapter 765, Florida Statutes, and otherwise as provided by federal law. Further, no person designated as a health care surrogate shall be denied or otherwise defeated in serving as a health care surrogate based solely upon his or her status as the registered domestic partner of the partner on whose behalf health care decisions are to be made. Any statutory form, including but not limited to, a living will or health care surrogate designation in the forms prescribed by Chapter 765, Florida Statutes, that is properly executed after the date of registration which contain conflicting designations shall control over the designations made by virtue of the domestic partnership registration.
(c) Funeral/Burial Decisions. Registry as a domestic partner shall be considered to be written direction by the decedent of his or her intention to have his or her domestic partner direct the disposition of the decedent’s body for funeral and burial purposes as provided in Chapter 497, Florida Statutes, unless the decedent provides conflicting, written authorization and directions during his or her lifetime that are dated after the date of the domestic partnership registration, in which case the later dated authorization and directions shall control.
(d) Notification of Family Members. In any situation providing for mandatory or permissible notification of family members, including but not limited to notification of family members in an emergency, “notification of family” shall include registered domestic partners.
(e) Participation in Education. To the extent allowed by federal and state law, and in a manner consistent with any applicable court orders, agreements or contracts, a registered domestic partner shall have the same rights as a parent to participate in the education of a dependent of the registered domestic partnership in all educational facilities located within or under the jurisdiction of the City. Any right to participate in the education of a dependent of the registered domestic partnership shall be exercised consistent with applicable policies and procedures of the Charlotte County School District.
Nothing in this Article shall be interpreted to alter, affect, or contradict city, county, state or federal law. This registry shall not be construed as recognizing or treating a domestic partnership as a marriage nor shall it be construed as creating any third-party rights or actions nor shall anything in this Article be construed to impose liability upon a domestic partner for any expenses of his or her domestic partner.
A registered domestic partner may enforce the rights under this Article by filing a private judicial action against a person or entity in any court of competent jurisdiction for declaratory relief, injunctive relief, or both, or such other remedy as may be legally available to them.
The Punta Gorda City Clerk is responsible for administering the Registry. The City Clerk’s Office is located on the third floor of the City Hall Annex, 126 Harvey Street, Punta Gorda, Florida. You do not need to be a resident of the City of Punta Gorda to register. However, the Registry is only applicable to facilities located within Punta Gorda City limits.
Both partners must come to the City Clerk’s Office together in person to register. The City’s Domestic Partnership Registry Affidavit requires specific formalities with respect to being witnessed and notarized and the Clerk’s staff is trained to ensure that the Affidavit is completed correctly. The initial registration is $30.00. This is payable in cash or a check made payable to the City of Punta Gorda and must be submitted at the time of registration. If your registration needs to be amended in the future, the cost to amend the registration is $30.00. The cost of terminating the Domestic Partnership Registry is $30.00.
Either party to a registered domestic partnership may terminate the registry by filing a notarized affidavit of Termination of Domestic Partnership, with payment of the required $30.00 fee, with the City Clerk. Upon payment of the required fee, the City Clerk shall record the affidavit and the termination shall become effective immediately.
A registered domestic partnership shall automatically terminate upon notice to the City Clerk of the following events:
- One (or both) of the domestic partners marries under Florida law.
- One of the domestic partners dies (provided however, the provisions relating to funeral and burial decisions shall survive); or
- One of the domestic partners registers with another partner.
The marrying, surviving or re-registering domestic partner(s) shall file an affidavit terminating the domestic partnership relationship within ten (10) days of one of the occurrences listed in this section; however, the failure to file such affidavit shall not affect the automatic termination.
The City of Punta Gorda is a Florida municipal corporation, and its business documents are public records under Florida law. There are no exemptions applicable to the Affidavit of Domestic Partnership Registration, which will be recorded in the Official Records of Charlotte County.
