Gainesville Residents United, Inc.
April 2, 2025 -- CIRCUIT JUDGE CONFIRMS CITY OF GAINESVILLE’S LOCAL PUBLIC UTILITIES
REFERENDUM AUTHORITY BUT RULES BALLOT LANGUAGE WAS AMBIGUOUS
On November 5, 2024, nearly seventy-three percent (73%) of local voters approved a Referendum amending the City of Gainesville’s home rule Charter to eliminate the gubernatorially appointed GRU Authority and restore control of the utilities to the elected City Commission.
The Referendum restored control of municipal utilities to the citizens of Gainesville through the City Commission. Despite that voter mandate, the Authority and its board members refuse to cede control over the utilities to the City; have not withdrawn their lawsuit challenging that referendum; and continue to assert their authority over City property and employees, including decisions affecting long-term Gainesville Regional Utilities operations.
On April 2, 2025, 8th Circuit Court Judge George M. Wright ruled on the Authority’s lawsuit, denying their challenge by upholding the City of Gainesville’s authority to amend its home rule charter on local public utilities through public referendum, as we did on November 5, 2024. And, further, that the City had properly addressed the required economic impact statements on that referendum ballot. Judge Wright also ruled, however, that the referendum’s ballot language was ambiguous. It is most unfortunate that the GRUA is inadvisably appealing the judge’s decision.
Now is the time for all parties to accept and implement the will of the people expressed through popular vote. To immediately abolish the Authority and repeal all actions taken by them since the date of the referendum. To devise an inclusive, semi-autonomous, locally controlled public utility. Local governance should be decided by local public participation. GRU, Inc. is advocating for such ideas as a city commission-appointed board consisting of five city residents and two county residents that has final decision authority on all matters other than budget, rate setting, and general services contribution.
The price of freedom is vigilance. Gainesville Residents United, Inc. will continue to advocate for local control of our public utilities. We support our Gainesville City Commission, our local residents, and will continue to promote home rule and democracy by the people and for the people.
The mission of Gainesville Residents United is to educate, motivate, negotiate, and litigate important issues affecting our community. We are challenging the State takeover of the City of Gainesville’s utility services, which was done for political rather than practical reasons.
House Bill 1645 was passed by the Florida Legislature and signed by Governor Ron DeSantis in 2023. The "Special Law" requires Gainesville Regional Utilities to be managed by up to five Governor's appointees. Beginning in October, 2023, these unelected Utility Authority members control the rates, services, facilities, employees, budget, and debt of the City of Gainesville’s utility systems.
So far, five separate lawsuits have been filed by different plaintiffs, some in federal court and some in state circuit courts. The first three lawsuits argue against the special law itself. The complaints allege violations of both the U.S. and Florida constitutions and Florida statutes. The fourth and fifth lawsuits challenge the appointment process by the Governor and the City of members to the Gainesville Regional Utilities Authority.
Since October 1, 2023, the Utility Authority board has had full control over the utilities of Gainesville. The Authority explicitly lacks any oversight by citizens and locally elected officials. The Authority has been given the power of eminent domain to take private property. Authority members enforce their own ethics and financial disclosure rules, and are restricted by the Special Law from considering social, political, or ideological policies or programs. Members answer only to the Governor, who has the sole authority to appoint or remove them. They cannot be sued directly even for violations of the law - only the City government can be sued even though it has no power over the Utility Authority’s policies, actions, or negligence.
Court filings, media stories, and other documents for all of the court cases are linked on this website’s Litigation page as they become available. Our Facebook page provides opportunities to learn more and to converse with other concerned residents.
In our Federal court case filed on July 3, 2023, we allege that our constitutional rights are being infringed, that we have been denied due process, and that the State is violating numerous state and federal laws. This is how authoritarians take over democratically elected local governments. Our small volunteer organization is pushing back with litigation, while also advocating for amendments to the law and negotiating with the Utility Authority and state officials for more rational outcome.
If this can happen in Gainesville, Florida, USA – it can happen anywhere.