Two weeks after it deadlocked and let the clock start running, the St. Johns County Commission took the vote it had avoided. On Tuesday, September 15, 2026, commissioners voted 3 to 2 to deny agricultural enclave certification for roughly 4,462 acres north of Nocatee along the Intracoastal Waterway, the land offered by the Davis family, founders of Winn-Dixie, and The PARC Group, the developer behind Nocatee. Both Jacksonville Today and the St. Johns Citizen reported the vote Tuesday afternoon. Commissioners Krista Joseph, Clay Murphy and Ann Taylor voted to deny; Commissioners Sarah Arnold and Christian Whitehurst voted against denial.
Our September 4 report explained why the September 1 outcome mattered: with neither a motion to deny nor a motion to certify passing, the county recorded no action, and under Senate Bill 686 no action within 90 days of filing means the land is certified automatically. That deadline was reported as September 28 by News4JAX and the Jacksonville Daily Record and as around September 29 by the St. Johns Citizen. Tuesday's vote is the affirmative action that stops that clock.
What changed between September 1 and September 15
One vote. Chair Clay Murphy was the deciding vote both times on September 1, when he opposed Joseph's motion to deny (it failed 3 to 2) and then opposed Whitehurst's motion to certify (it also failed 3 to 2). At that meeting, per the St. Johns Citizen, he said he believed the property qualified under the statute and that commissioners were bound to follow it. On Tuesday he joined Joseph and Taylor on a new motion to deny. Joseph moved, finding that the applicant had failed to establish that the land meets the statutory definition of an agricultural enclave; Taylor seconded.
Murphy did not describe the decision as easy. The St. Johns Citizen quotes him shortly before the vote: "I don't even know if I have the ability to push a no or a yes button right now. I'm going to, but that's the challenge that we face." He said the law undermines home rule and the county's comprehensive plan but remains legally binding unless overturned. Jacksonville Today reports he called the law "destructive on so many levels" and said he will start a petition drive in St. Johns County to have it repealed, and will carry the petitions to Tallahassee on the opening day of the legislative session.
The applicant objected to the rehearing
The application, ENCERT 2026-01, was filed July 1, 2026 by BR-4700 for land held by the Davis family, and sought certification for residential development at up to one unit per gross acre. The Citizen puts the potential at up to 4,462 homes; Jacksonville Today says more than 4,000. Attorney Ellen Avery-Smith, representing the Davis family and The PARC Group, objected to the board taking the application up again at all. Per the Citizen, she argued the statute requires only one public hearing, which was held September 1, and objected to the board considering additional evidence. On the merits, she said at least 75% of the property's perimeter is surrounded by land designated for residential, commercial or industrial use, and more than half is surrounded by existing development including platted lots.
Opponents, including residents and an attorney who said he represented residents, argued the opposite on the perimeter question and said the applicant had drawn boundaries through larger parcels to stay under the law's 4,480 acre limit. Speakers also repeated the capacity argument from September 1: that thousands of homes would add load to roads and utilities and would take one of the area's largest remaining undeveloped tracts. Those arguments were made at the hearing; none has been tested in court.
What the denial does and does not do
The Citizen is precise on this point, and it is worth repeating. The vote does not prohibit development of the land. It denies the applicant access to the agricultural enclave process, which under SB 686 lets qualifying farmland be developed at the density of its surroundings without the comprehensive plan amendment and public hearings the county's traditional growth review requires. The owner can still pursue that conventional path, or sue.
Litigation is the open question. The Citizen reports that county attorneys had previously advised commissioners that denying the application would probably allow any dispute to be heard in St. Johns County, and characterizes litigation as likely. Jacksonville Today reports that Avery-Smith could not be reached for comment on whether her clients intend to sue. County officials, per Jacksonville Today, have signaled they will defend against legal challenges arising from enclave denials, and the board separately authorized outside counsel on September 1 to explore a challenge to the law itself.
Two more enclave decisions on the same day
The Davis vote was not the only enclave business Tuesday. Jacksonville Today reports two further actions. First, the board agreed to revisit the two enclaves it certified on August 19, more than 1,000 acres combined near Interstate 95 and State Road 207, at a special meeting on September 28, to consider whether that original approval was appropriate. We covered those certifications in our August 19 report. Second, the board approved a new enclave 3 to 2: about 310 acres of farmland near the Six Mile Creek and Trailmark area, owned by AFI Associates Inc., which Jacksonville Today links to the Hutson family through state business records, with capacity for more than 300 homes. Arnold, Murphy and Whitehurst voted for that one; Joseph and Taylor voted against. So the same board that denied the largest application approved a smaller one an hour or so later, and Murphy was the swing vote on both.
Where the reports disagree
The two reports we read in full agree on the vote count, the names on each side, the motion and the second, and Murphy's reversal. They differ on the home count, with the Citizen carrying up to 4,462 homes (one unit per gross acre) and Jacksonville Today carrying more than 4,000; we treat those as the same number described two ways. The automatic certification deadline that the vote pre-empted was reported as September 28 by News4JAX and the Daily Record on September 1 and as around September 29 by the Citizen; it no longer matters, but we note it for the record. The Jacksonville Daily Record had not published its own account of Tuesday's vote at the time we wrote this, and its September 1 coverage is cited from its headline and summary only.
What this means for buyers and sellers near Nocatee
For anyone holding or shopping property in Nocatee, Palm Valley or the Twenty Mile area, the practical change is timing, not outcome. Before Tuesday, a 4,462 acre tract next door was on a path to certification by the end of September with no further public hearing. After Tuesday, any development there has to go through the conventional comprehensive plan process, which takes years and includes public hearings, or wait for a court. The land is not preserved, and the Davis family has not said what it will do. What is different is that the supply question for northern St. Johns County is back on the multi-year horizon it was on before July 1, 2026. Nothing here is a forecast, and nothing on this page describes any person or household; it describes a parcel, a statute and a vote.
People also ask
Was the Davis enclave near Nocatee approved or denied?
Denied. On September 15, 2026 the St. Johns County Commission voted 3 to 2 to deny agricultural enclave certification for the 4,462 acre tract north of Nocatee, with Commissioners Krista Joseph, Clay Murphy and Ann Taylor voting to deny and Commissioners Sarah Arnold and Christian Whitehurst voting against denial. The board's September 1 meeting had ended with no action, which under Senate Bill 686 would have certified the land automatically at the end of September.
Does the denial stop development on the Davis land?
No. Per the St. Johns Citizen, the vote denies the applicant the agricultural enclave process under SB 686, which is a streamlined route around parts of the county's normal growth review. The land keeps its existing agricultural designation and the owner can still pursue a conventional comprehensive plan amendment and rezoning, with public hearings, or challenge the denial in court. The applicant's attorney could not be reached by Jacksonville Today on whether her clients will sue.
What is an agricultural enclave under Florida SB 686?
Under the 2026 law, farmland that is mostly surrounded by land designated for residential, commercial or industrial use can be certified as an agricultural enclave and developed at the density of its surroundings without the comprehensive plan amendment and public hearings normally required. A county must act on a certification application within 90 days or the land is certified automatically. St. Johns County has authorized outside counsel to explore a challenge to the law itself.
The takeaway
St. Johns County denied the 4,462 acre Davis enclave north of Nocatee 3 to 2 on September 15, 2026, with Chair Clay Murphy reversing his September 1 position to supply the deciding vote. The denial stops the automatic certification that no action would have produced at the end of September; it does not prohibit development, and the applicant's attorney has not said whether the family will sue. The board will revisit its two August enclave certifications on September 28 and, the same afternoon, certified a 310 acre enclave near Six Mile Creek 3 to 2.
Sources
- Jacksonville Today, "St. Johns County reverses course and denies 4,000-home development near Nocatee", by Noah Hertz, published September 15, 2026, 1:44 p.m.: jaxtoday.org
- St. Johns Citizen, "Clay Murphy breaks deadlock on controversial North Palm Valley enclave in dramatic vote", by Selim Algar, published September 15, 2026, 12:36 p.m.: sjcitizen.com
- News4JAX, "St. Johns County in legal limbo over 4K+ acre Nocatee development as state law deadline looms", published September 1, 2026: news4jax.com
- Jacksonville Daily Record, "St. Johns County deadlocks on Davis enclave application, votes to challenge state law", published September 1, 2026 (headline and summary only): jaxdailyrecord.com
- Florida Senate, SB 686 (2026): flsenate.gov
- Momentum Realty, "St. Johns Deadlock Lets 4,462-Acre Nocatee Enclave Advance", September 4, 2026: movewithmomentum.com
How this article was prepared: every figure, date, name and quotation above is taken from the named reports and is attributed to the outlet that published it. The Jacksonville Today and St. Johns Citizen reports were read in full; the Jacksonville Daily Record report sits behind a paywall and is cited from its headline and published summary only. Where the outlets disagree, both figures are shown. Nothing here is a forecast, legal advice or a recommendation. Momentum Realty has no role in this application, in the county's decision or in any litigation. Nothing on this page describes any person or household; it describes a parcel, a statute and a public vote. Figures are deemed reliable but not guaranteed. Equal Housing Opportunity.