Representative Matters
Mr.  Garner's extensive experience representing public and private sector clients in a wide array of utility  matters, complex real property law matters, and governmental representation, enables him to represent your interests competently and confidently. A representative selection of his work appears below, including matters having to do with: acquisition and divestiture of assets, complex land transactions, large-scale facilities siting disputes, territory disputes, quiet title actions; franchise negotiations; citizens ballot initiatives; and more. 
Provision of Electricity to Babcock Ranch
Mr. Garner was a key member of the legal team that assisted the Babcock Ranch Community Independent Special District ("BRCISD") in negotiating a swap of service territory between Florida Power & Light Company ("FP&L") and the Lee County Electric Cooperative, Inc. The two utilities’ service area boundaries bisected the District frustrating efforts to develop the community. Mr. Garner was instrumental in developing the legal strategy at the Florida Public Service Commission ("FPSC") that forced the parties to the table in a timely manner to negotiate, and in formulating the funding mechanism that made settlement possible. Mr. Garner’s participation enabled the developer to stay on schedule with its development plan, and achieve desired outcomes in selecting its preferred service provider.
Development of Property by SPE
Following the creation of a special purpose entity ("SPE") by a  bond trustee to acquire, develop and sell land, post-litigation, to recover bond assessment payments owed to the bondholder, Mr. Garner helped the SPE acquire the property, clear title, plat and develop the property, and negotiate its sale to a builder in a series of lot takedowns. Mr. Garner also assists the SPE at each lot takedown by acting as escrow, closing and title agent.
FGUA Acquisition of Aqua Systems
The Florida Governmental Utility Authority's ("FGUA") statewide acquisition of Aqua Utilities Florida, Inc., water and sewer assets involved more than 70 separate water and wastewater systems located in 12 counties and held by three distinct holding companies. Mr. Garner was part of a multidisciplinary team that evaluated the feasibility of the acquisition, negotiated the terms, sought approval of "host" local governments, performed legal due diligence, cleared title matters, and closed the transaction. Mr. Garner's contributions were critical in  initiating negotiations, completing the legal due diligence, and closing the transaction.
Small Cell ROW Applications

Assisted the City of Tamarac and the City of Sunrise in their handling of right-of-way permit applications by Crown Castle NG and Mobilitie for the installation of small cell distributed antenna system networks in locations where either overhead and above ground utilities are generally not permitted or where such facilities are incompatible with surrounding land uses.  The Cities each sought to exercise their home rule authority to the maximum extent allowable under federal and state preemption. The representation included strategic guidance on disposition of the permits within the City’s legal constraints, including guidance on the legally defensible use of moratoria without allowing the applicants' rights to vest, negotiation with industry stakeholders, and the drafting of new ordinances governing installation of these facilities in the public rights-of-way.

City of South Miami Electricity Franchise
Assisted the City in drafting and negotiating a new electric utility franchise agreement with FP&L. This representation was notable for the degree of success the City enjoyed in negotiating favorable terms from FP&L notwithstanding the relative weakness of the City’s bargaining position. In his recommendation that the City accept the deal negotiated by Mr. Garner, one well-known subject matter expert informed the City Commission that he was surprised that the City was able to secure such favorable terms without the presence of a purchase option in the expiring agreement. This representation builds on Mr. Garner’s experience in electric utility franchise matters, including assisting in his prior firm’s representation of the City of South Daytona in its exercise of a buy-out clause, and other engagements. Mr. Garner assisted in developing the legal theories used successfully by the City of South Daytona to fend off FERC-imposed exit fees for “stranded costs” alleged to result from the City’s municipalization of a portion of FP&L’s system.
Distributed Solar
Mr. Garner applied his expertise leading a broad-based team representing a variety of disparate interests pursuing a citizen ballot initiative to pave the way for third party solar financing in Florida, leading the ballot question’s drafting team, coordinating its review by the state’s economic review panel, and successfully defending its legality at the Florida Supreme Court. More recently, Mr. Garner has served as local regulatory counsel to a well-known residential solar provider seeking to roll-out residential solar lease and retail installment loan products while avoiding FPSC entanglements.
Transmission Line Siting
Assisted the Village of Pinecrest in proposing and defending, in a 13-week administrative hearing, an alternate transmission line corridor in FP&L's site certification proceeding for its proposed Turkey Point Nuclear Units 6 & 7 and associated transmission facilities.  Mr. Garner also assisted the Village in proposing conditions of certification for the proposed transmission lines. In addition to representation in site certification proceedings, Mr. Garner has represented the Village in matters relating to FP&L before the federal Nuclear Regulatory Commission, the Florida Public Service Commission and the Florida Supreme Court as Amicus Curiae in a challenge to an FPSC decision by environmental groups. As the Village's legal counsel in these matters, Mr. Garner assisted the Village's sister local governments in developing and carrying out the strategy that has prevented the development of the proposed transmission line corridor to this day.
FGUA Energy Savings Performance Contract
Mr. Garner’s expertise enabled the FGUA to adapt ill-suited state form contracts to its specific financing needs, paving the way for the utility’s rollout of advance meter infrastructure in three of its regional water systems.