Judges heard oral arguments Tuesday morning in a years-long legal battle between the City of Gainesville and the Gainesville Regional Utilities (GRU) Authority at the First District Court of Appeal in Tallahassee.
The case stems from actions taken in 2023, when Gov. Ron DeSantis appointed a five-member board to oversee GRU, effectively removing control from the City of Gainesville. Since then, city residents voted in two referendums in favor of returning utility control to the city, but both efforts have faced legal challenges from the oversight board.
The first referendum, held in 2024, received almost 73% support, but was later nullified by a judge who found issues with the wording and required business impact statements.
A second referendum in November 2025 once again passed with a super majority of public support for local control of GRU. Once again, the board appealed and secured a court order preventing implementation of the transfer until the appeal was resolved.
Oral arguments for the appeal took place at 10 a.m. Tuesday at the First District Court of Appeal in Tallahassee in front of a three-judge panel. Both sides were allowed 20 minutes to state their case related to the 2024 referendum.
Samuel J. Salario, representing the GRU Authority, opened the hearing accusing Gainesville of undermining state authority.
“The city of Gainesville is engaged in insurrection against the state government, asserting an unprecedented power to destroy an independent authority the Legislature created and explicitly shielded from local interference.”
A judge quickly pushed back on the phrasing, prompting Salario to use the word “nullify” rather than “insurrection.” Salario argued that allowing the city to abolish the authority through a charter amendment would directly conflict with the special law passed by the Legislature.
“This case has always been about one pretty simple question,” Salario said. “Does the city have the power to abolish an independent unit of government the Legislature created so that it can claw back power the Legislature stripped from it?”
Joseph T. Eagleton, representing the City of Gainesville, argued that the case was not about this, but rather the intentions of the Legislature.
“This is not a case about legislative supremacy,” Eagleton said. “This is a case about what did the Legislature intend and what did the Legislature not intend.”
Eagleton argued that while the Legislature amended Gainesville’s charter when it created GRU Authority to take over from the city, they didn’t explicitly remove the city’s ability to amend that charter again. Without clear language preempting local authority, he argued that Gainesville retains the right under the Florida Constitution, the Municipal Home Rule Powers Act and the Gainesville Charter to propose amendments through voter referendums.
“If the Legislature intended for the City of Gainesville not to be able to amend this provision, then the Legislature needed to say so,” Eagleton said. “The city’s goal here has simply been to amend the charter and have that provision and the will of the people take effect as expeditiously as possible.”
The issue has become apparent to Gainesville residents, as well as city officials.
Bobby Mermer, president of Gainesville Residents United, a nonprofit organization that advocates for community issues, has been particularly outspoken in favor of the city in recent years.
“This is about our property,” Mermer said in an interview. “GRU is the City of Gainesville property and that means the city citizens’ property. It’s about the ability for us to govern and manage our property with our values.”
Mermer pointed to several changes made under new authority that have directly affected residents, including reduced support for renewable energy, the cancellation of low-income assistance programs, and challenges for workers to collectively bargain.
The court has yet to issue a ruling. For now, both the City of Gainesville, GRU, and local residents will wait to hear back from the judges, a decision that will shape the future of utility control in Gainesville.