City of Hollywood v. Florida Power & Light Co.

STONE, Judge.

We reverse a final judgment dismissing the City of Hollywood’s complaint for declaratory judgment. The City alleges that a controversy exists in construing the franchise agreement between the parties, reflected in a city ordinance setting out the terms of the franchise. Section 86.021, Florida Statutes, provides for a declaration of rights or status where a party to an agreement is in doubt as to rights thereunder.

The City contends that the terms of payment to the City by the franchisee constitute an illegal and unconstitutional tax exemption that the earlier commission did not…