FREQUENTLY ASKED QUESTIONS

WHAT ARE DOMESTIC PARTNERS?

The Punta Gorda Code defines domestic partners as two adults who are parties to a valid
domestic partnership relationship and who meet the following requirements for a domestic
partnership as established in Chapter 19, Article I:
1. Each partner is at least eighteen (18) years old and competent to contract;
2. Neither partner is currently married under Florida law or is a partner in a domestic
partnership relationship with someone other than the co-applicant or a member of civil
union with anyone other than the co-applicant;
3. The partners are not related by blood as defined in Florida law;
4. Each partner 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;
5. The partners reside in a mutual residence;
6. Each partner agrees 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Registered Domestic Partnership are no longer applicable or if one of the domestic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; and
7. Each partner 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.
All rights, privileges and benefits extended to domestic partnerships registered pursuant to this
Article shall also be extended to domestic partnerships registered pursuant to domestic
partnership laws in other jurisdictions to the extent allowed by law. If a conflict occurs between
jurisdictions, this Article shall govern in the City.
WHAT DOES MUTUAL RESIDENCE MEAN? WHAT IF WE OWN MORE THAN ONE
HOUSE?
The City Code 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.
WHAT IS THE PURPOSE OF THE DOMESTIC PARTERSHIP REGISTRY?
The Punta Gorda City Council found that a significant number of its citizens establish and
maintain important personal, emotional, and economic relationships with persons to whom they
are not married. 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 patients 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 others 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 decedents 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.
WHERE DO WE GO TO REGISTER?
The Punta Gorda City Clerk is responsible for administering the Registry. The City Clerks Office
is located in City Hall, 326 West Marion Avenue, 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.
WHEN CAN WE COME TO REGISTER?
The Domestic Partnership Registry Ordinance was adopted on April 2, 2014. Registration will
begin Monday, April 21, 2014 during regular business hours (8:00 a.m. to 4:30 p.m. Monday
through Friday) and will continue thereafter. If you have any questions, please contact the City
Clerks Office at 941-575-3369.
DO YOU HAVE TO REGISTER IN PERSON? WHY?
Yes, both partners must come to the City Clerks Office together in person to register. The
Citys Domestic Partnership Registry Affidavit requires specific formalities with respect to being
witnessed and notarized and the Clerks staff is trained to ensure that the Affidavit is
completed correctly.
WHAT IS THE COST OF REGISTERING?
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.
WHAT DO I NEED TO BRING WITH ME TO THE CLERKS OFFICE TO REGISTER?
1. Your partner
2. Photo identification (Drivers license or other State issued ID, passport or military ID.)
3. $30.00 in cash or check made payable to the City of Punta Gorda
DO WE NEED TO COMPLETE THE DOMESTIC PARTNERSHIP REGISTRY AFFIDAVIT
BEFORE COMING TO THE CITY CLERKS OFFICE?
No, we have provided the sample form on the Citys website on the City Clerks main page for
your information and review, but it should not be signed until you and your partner come to the
City Clerks Office in person.
WHAT HAPPENS IF MY DOMESTIC PARTNER AND I BREAK UP OR OUR
PARTNERSHIP ENDS?
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:
1. One (or both) of the domestic partners marries under Florida law.
2. One of the domestic partners dies (provided however, the provisions relating to funeral
and burial decisions shall survive); or
3. 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.
CAN I KEEP MY REGISTRATION INFORMATION PRIVATE?
No, 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.
WHAT PROOF WILL WE RECEIVE SHOWING THAT WE HAVE REGISTERED?
Each partner will receive a laminated wallet card.