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Charlotte County invokes conflict law over parking rules in Boca Grande

The resolution says the new rules restrict public beach access.
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PORT CHARLOTTE, Fla. — Charlotte County commissioners have formally initiated a conflict resolution process with Lee County, escalating a dispute over Boca Grande parking rules that Charlotte County says unfairly restricts access to island beaches.

Commissioners unanimously passed the resolution Tuesday, citing multiple concerns with Lee County’s August ordinance, which eliminated public parking from First Street through 19th Street and capped downtown parking at three hours without a permit (resident, employee or hotel guest permit).

Watch Fox 4's Alex Orenczuk report on the conflict resolution:

Charlotte County invokes conflict law over parking rules in Boca Grande

In the resolution, Charlotte County argues the changes “substantially reduce and restrict access to public beaches".

Under Florida’s conflict resolution statute, both counties must now participate in good-faith negotiations facilitated by a mediator, with the goal of reaching a mutually acceptable compromise. If that fails, the disagreement may lead to litigation.

Charlotte County Commissioner Chris Constance said the county’s goal in mediation is clear.

“I want the outcome to have no less parking available than we had before the ordinance went in, that’s my bottom line,” Constance said.

He added that if the issue does go to court, he's confident Charlotte County has a strong case.

"I honestly think that if we get past the dispute resolution, and it doesn't work out and we have to go to court, I think we win," Constance said. "I just think rights have been taken away and they've been done outside of due process."

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Commissioner Chris Constance speaks during the board's meeting on Wednesday.

Robin Wilkins, has been an outspoken member of a group of Charlotte County residents opposed to the ordinance. She told Fox 4 she welcomes the counties finally sitting down together.

“I’m optimistic, but still a little skeptical,” she said, adding that it’s “a shame” discussions didn’t happen before the ordinance passed.

Mediation between the two counties is expected to begin before the end of the year.

Lee County said it has not yet received Charlotte County’s resolution and could not comment. Though a Lee County spokesperson said that the new parking rules are not yet being enforced.

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Alex Orenczuk

Alex Orenczuk