On Saturday, November 14, 2026 at 04:20:42 PM EST, Ed Slavin <easlavin@aol.com> wrote:
Dear Commissioners Murphy, Taylor, Joseph and Whitehurst, and Commissioner-elect Pysczymuka,:1. Would you please be so kind as to pull item 9 on the St. Johns County Board of County Commissioners proposed November 17, 2026 meeting?2. Please reschedule it for a future meeting, only after opportunity for open public hearings, investigation, research and public discussion of alternatives, including public power. and an alliance with Clay Electric Cooperative and Jacksonville Energy Authority.3.Please direct staff to write and share a scholarly investigative research and legal memo on antitrust, bribery, corruption, economic, ethics, environmental,, pollution, ratemaking, regulatory, tax and other issues and options concerning FPL and NextEra.4. Don't rush into any more unseemly or sinister long-term relationships with an unethical monopolistic corporation at your first meeting after the election.5. Please free to call me.Thank you.With kindest regards, I am,Sincerely yours,Ed SlavinBox 3084St. Augustine, Floridaedslavin.com
(904) 377-4998
ST. JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS
Deadline for Submission - Wednesday 9 a.m. – Thirteen Days Prior to BCC Meeting
11/17/2026
BCC MEETING DATE
TO: Joy Andrews, County Administrator DATE: September 15, 2026
FROM: Kealey West, Deputy County Attorney PHONE: 904 209-0816
SUBJECT OR TITLE: AGENDA TYPE: Ordinance, Public Hearing
Public Hearing - Florida Power & Light Franchise Agreement Ordinance
BACKGROUND INFORMATION:
Florida Power & Light Company currently provides electric utility services within portions of
unincorporated St. Johns County utilizing County rights-of-way and other public property for the
placement and maintenance of electric transmission and distribution infrastructure. The proposed
non-exclusive Franchise Agreement grants FPL the continued right to construct, operate, and
maintain its electric facilities within County rights-of-way and the nonexclusive right and privilege
of supplying electricity and other services in the portions of the County subject to the terms and
conditions of the Agreement. The Agreement establishes a franchise fee equal to 6% of FPL's
applicable gross revenues derived from the sale of electricity within the unincorporated areas of the
County it serves. The franchise fee will be collected by FPL through customer billing and remitted to
the County. The proposed Agreement is consistent with franchise agreements utilized by counties
and municipalities throughout the State and provides compensation to the County for the private
use of public rights-of-way while preserving the County's police powers and regulatory authority.
1. IS FUNDING REQUIRED? No IF FUNDING IS REQUIRED, MANDATORY OMB REVIEW IS REQUIRED:
INDICATE FUNDING SOURCE:
2. IF YES, INDICATE IF BUDGETED. No
SUGGESTED MOTION/RECOMMENDATION/ACTION:
Motion to enact Ordinance 2026- ________, granting Florida Power & Light Company an electric
franchise.
For Administration Use Only:
Legal: Kealey West 10/18/2026 OMB: LF 10/19/2026 Admin: JDD 10/19/2026ORDINANCE NO. 2026 -
________
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
JOHNS COUNTY, FLORIDA GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE;
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO;
PROVIDING FOR MONTHLY PAYMENTS TO ST. JOHNS COUNTY;
PROVIDING FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, the Board of County Commissioners of St. Johns County (“County”)
recognizes that the citizens of the County need and desire the benefits of electric service; and
WHEREAS, the provision of such service requires substantial investments of capital and
other resources to construct, maintain and operate facilities essential to the provision of such service
in addition to costly administrative functions, and the County does not desire to undertake to provide
such services; and
WHEREAS, Florida Power & Light Company (“FPL”) is a public utility which has the
demonstrated ability to supply such services; and
WHEREAS, FPL currently provides electric utility services within portions of
unincorporated St. Johns County utilizing County rights-of-way and other public property for the
placement and maintenance of electric transmission and distribution infrastructure; and
WHEREAS, FPL and the County desire to enter into a franchise agreement providing
for the payment of fees to the County in exchange for granting FPL the continued right to
construct, operate, and maintain its electric facilities within County rights-of-way and the
nonexclusive right and privilege of supplying electricity and other services in the portions of the
County it services free of competition from the County subject to the terms and conditions of the
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. JOHNS COUNTY, FLORIDA:
Section 1. There is hereby granted to Florida Power & Light Company, its successors
and assigns (herein called the "Grantee"), for the period of 30 years from the effective date hereof,
the non-exclusive right, privilege and franchise (herein called "franchise") to construct, operate andmaintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges,
easements, rights-of-way and other public places (herein called "public rights-of-way") throughout
all of the unincorporated areas, as such unincorporated areas may be constituted from time to time,
of St. Johns County, Florida, and its successors (herein called the "Grantor"), in accordance with the
Grantee's customary practice with respect to construction and maintenance, electric light and power
facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and
all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (herein
called "facilities"), for the purpose of supplying electricity and other services to the Grantor and its
successors, the inhabitants thereof, and persons beyond the limits thereof.
Section 2. The facilities of the Grantee shall be installed, located or relocated so as
to not unreasonably interfere with traffic over the public rights-of- way or with reasonable egress
from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation of all
facilities shall be made as representatives of the Grantor may prescribe in accordance with the
Grantor's reasonable rules and regulations with reference to the placing and maintaining in, under,
upon, along, over and across said public rights-of-way; provided, however, that such rules or
regulations: (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of-way
for reasons other than unreasonable interference with motor vehicular traffic; (b) shall not
unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and
efficient electric service to all of its customers; and (c) shall not require the relocation of any of the
Grantee's facilities installed before or after the effective date hereof in public rights- of-way unless or
until widening or otherwise changing the configuration of the paved portion of any public right-of-
way used by motor vehicles causes such installed facilities to unreasonably interfere with motor
vehicular traffic. Such rules and regulations shall recognize that above-grade facilities of the Grantee
installed after the effective date hereof should be installed near the outer boundaries of the public
rights-of-way to the extent possible. When any portion of a public right-of- way is excavated by the
Grantee in the location or relocation of any of its facilities, the portion of the public right-of-way so
excavated shall within a reasonable time be replaced by the Grantee at its expense and in as good
condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for
any cost or expense in connection with any relocation of the Grantee's facilities required under
subsection (c) of this Section, except, however, the Grantee shall be entitled to reimbursement of its
costs from others and as may be provided by law.
Section 3. The Grantor shall in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or maintenance by the Grantee of its facilities
hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the
Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage
or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of
the Grantee in the construction, operation or maintenance of its facilities hereunder.Section 4. All rates and rules and regulations established by the Grantee from time to
time shall be subject to such regulation as may be provided by law.
Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor,
commencing 90 days after the effective date hereof, and each month thereafter for the remainder of
the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges
and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem
tax assessments on property) levied or imposed by the Grantor against the Grantee's property,
business or operations and those of its subsidiaries during the Grantee's monthly billing period ending
60 days prior to each such payment will equal six percent (6%) of the Grantee's billed revenues, less
actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers
(as such customers are defined by FPL’s tariff) within the unincorporated areas of the Grantor for the
monthly billing period ending 60 days prior to each such payment, and in no event shall payment for
the rights and privileges granted herein exceed six percent (6%) of such revenues for any monthly
billing period of the Grantee.
The Grantor understands and agrees that such revenues as described in the preceding
paragraph are limited to the precise revenues described therein, and that such revenues do not include,
by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street
and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to
Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales
to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues
from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late
Payment Charges; (g) Field Collection Charges; (h) other service charges.
Section 6. As a further consideration, during the term of this franchise or any extension
thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the
Grantee, of electric capacity and/or energy to any ultimate consumer of electric utility service (herein
called a "retail customer") or to any electrical distribution system established solely to serve any retail
customer formerly served by the Grantee; (b) not to participate in any proceeding or contractual
arrangement the purpose or terms of which would be to obligate the Grantee to transmit and/or
distribute, electric capacity and/or energy from any person to any other retail customer's facility(ies);
and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or energy
generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other
location(s). Nothing specified above shall prohibit the Grantor from engaging with other persons in
wholesale transactions which are subject to the provisions of the Federal Power Act.
Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric
capacity and/or energy from any other person, or (ii) from seeking to have the Grantee transmit
and/or distribute to any facility(ies) of the Grantor electric capacity and/or energy purchased by
the Grantor from any other person; provided, however, that before the Grantor elects to purchase
electric capacity and/or energy from any other person for consumption in any facility(ies) beingserved by the Grantee before such election, the Grantor shall notify the Grantee in writing. Such
notice shall include a summary of the specific rates, terms and conditions which have been offered
by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall
thereafter have 90 days to evaluate the other person's offer and, if the Grantee agrees to meet or beat
the other person's offer, the Grantor shall be obligated to continue to purchase from the Grantee
electric capacity and/or energy to serve the Grantor's identified facilities for a term no shorter than
that offered by the other person.
Section 7. If the Grantor grants a right, privilege or franchise to any other person or
otherwise enables any other such person to construct, operate or maintain electric light and power
facilities within any part of the unincorporated areas of the Grantor in which the Grantee may lawfully
serve or compete on terms and conditions which the Grantee determines are more favorable than the
terms and conditions contained herein, the Grantee may at any time thereafter terminate this franchise
if such terms and conditions are not remedied within the time period provided hereafter. The Grantee
shall give the Grantor at least 60 days advance written notice of its intent to terminate. Such notice
shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of
such terms and conditions that it considers more favorable. The Grantor shall then have 60 days in
which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the
Grantee determines that such terms or conditions are not remedied by the Grantor within said time
period, the Grantee may terminate this agreement by delivering written notice to the Grantor's Clerk
and termination shall be effective on the date of delivery of such notice.
Section 8. If as a direct or indirect consequence of any legislative, regulatory or other
action by the United States of America or the State of Florida (or any department, agency, authority,
instrumentality or political subdivision of either of them) any person is permitted to provide electric
service within the unincorporated areas of the Grantor to a customer then being served by the
Grantee, or to any new applicant for electric service within any part of the unincorporated areas of
the Grantor in which the Grantee may lawfully serve, and the Grantee determines that its obligations
hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a
competitive disadvantage with respect to such other person, the Grantee may, at any time after the
taking of such action, terminate this franchise if such competitive disadvantage is not remedied within
the time period provided hereafter. The Grantee shall give the Grantor at least 90 days advance
written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights
reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted
in the competitive disadvantage. The Grantor shall then have 90 days in which to correct or otherwise
remedy the competitive disadvantage. If such competitive disadvantage is not remedied by the
Grantor within said time period, the Grantee may terminate this agreement by delivering written
notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice.
Section 9. Failure on the part of the Grantee to comply in any substantial respect withany of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take
effect if the reasonableness or propriety thereof is protested by the Grantee until there is final
determination (after the expiration or exhaustion of all rights of appeal) by a court of competent
jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions
of this franchise, and the Grantee shall have six months after such final determination to make good
the default before a forfeiture shall result with the right in the Grantor at its discretion to grant such
additional time to the Grantee for compliance as necessities in the case require.
Section 10. Failure on the part of the Grantor to comply in substantial respect with
any of the provisions of this ordinance, including: (a) denying the Grantee use of public rights-of-
way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing
conditions for use of public rights-of-way contrary to Florida law or the terms and conditions of
this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its
facilities in public rights-of-way, shall constitute breach of this franchise and entitle the Grantee to
withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit
is issued or a court of competent jurisdiction has reached a final determination in the matter. The
Grantor recognizes and agrees that nothing in this franchise constitutes or shall be deemed to
constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee,
in its sole discretion, may exercise such right.
Section 11. The Grantor may, upon reasonable notice and within 90 days after each
anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee
relating to the calculation of the franchise payment for the year preceding such anniversary date. Such
examination shall be during normal business hours at the Grantee's office where such records are
maintained. Records not prepared by the Grantee in the ordinary course of business may be provided
at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information
identifying the Grantee's customers by name or their electric consumption shall not be taken from the
Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or
increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the
records of the Grantee in accordance with this section shall not be conducted by any third party
employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on
findings of the audit.
Section 12. The provisions of this ordinance are interdependent upon one another, and
if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no
effect, the entire ordinance shall be null and void and of no force or effect.
Section 13. As used herein "person" means an individual, a partnership, a corporation, a
business trust, a joint stock company, a trust, an unincorporated association, a joint venture, a
governmental authority or any other entity of whatever nature.Section 14. A certified copy of this ordinance shall be filed with the Florida Department
of State within 10 days after its enactment. As a condition precedent to this ordinance taking
effect, the Grantee shall file its written acceptance hereof with the St. Johns County Clerk of Court
within 30 days of enactment of this ordinance. The effective date of this ordinance shall be the
date upon which the Grantee files such acceptance.
PASSED AND ENACTED by the Board of County Commissioners of St. Johns County,
Florida, this ____ day of ____________, 2026.
BOARD OF COUNTY
COMMISSIONERS
ST. JOHNS COUNTY, FLORIDA
By: ______________________________
Chair
ATTEST: BRANDON J. PATTY,
Clerk of the Circuit Court and Comptroller
By: ______________________________
Deputy Clerk
Form Approved:
/s/ Kealey West
Office of County Attorney
T:\ACAs\Kealey West\6-2 Agenda\Franchise Agreement\Franchi
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