In re Advisory Op. to the Attorney Gen. re Rights of Elec. Consumers Regarding Solar Energy Choice
Decision Date | 31 March 2016 |
Docket Number | Nos. SC15–2150,SC16–12.,s. SC15–2150 |
Citation | 188 So.3d 822 |
Parties | ADVISORY OPINION TO the ATTORNEY GENERAL re RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE. Advisory Opinion to the Attorney General re Rights of Electricity Consumers regarding Solar Energy Choice (FIS). |
Court | Florida Supreme Court |
Pamela Jo Bondi, Attorney General, Gerry L. Hammond, Senior Assistant Attorney General, and Rachel Erin Nordby, Deputy Solicitor General, Tallahassee, FL, for Petitioner.
Raoul G. Cantero, III, Thomas Neal McAliley, and Quinshawna S. Landon of White & Case LLP, Miami, FL, for Consumers for Smart Solar, Inc., Sponsor.
William Bartow Willingham and Michelle Lynn Hershel, Tallahassee, FL, and David Bruce May, Jr. and Tiffany Roddenberry of Holland & Knight LLP, Tallahassee, FL, on behalf of the Florida Electric Cooperatives Association, Inc.; Daniel Elden Nordby of Shutts & Bowen LLP, Tallahassee, FL, on behalf of The 60 Plus Association, Inc.; Barry Scott Richard of Greenberg Traurig, P.A., Tallahassee, FL, and Alvin Bruce Davis of Squire Patton Boggs, LLP, Miami, FL, on behalf of Florida Power & Light Company; Major Best Harding and James Dawson Beasley of Ausley & McMullen, Tallahassee, FL, on behalf of Tampa Electric Company; John Todd Burnett, Deputy General Counsel, Saint Petersburg, FL, on behalf of Duke Energy Florida; Jeffrey Alan Stone and Terrie Springer Didier of Beggs & Lane, R.L.L.P., Pensacola, FL, and Kenneth Bradley Bell of Gunster, Yoakley & Stewart, P.A., Tallahassee, FL, on behalf of Gulf Power Company, as Proponents.
Robert Lowry Nabors, William Clark Garner, and Carly J. Schrader of Nabors, Giblin & Nickerson, P.A., Tallahassee, FL, on behalf of Floridians for Solar Choice, Inc.; Bradley Ian Brustman Marshall and David George Guest of Earthjustice, Tallahassee, FL, on behalf of Progress Florida, Inc., Environment Florida, Inc., and The Environmental Confederation of Southwest Florida, Inc.; Ennis Leon Jacobs, Jr., Tallahassee, FL, on behalf of Florida Solar Energy Industries Association; and Warren Lee Rhea, Gainesville, FL, on behalf of Florida Energy Freedom, Inc., as Opponents.
The Attorney General of Florida has petitioned this Court for an advisory opinion as to the validity of a proposed citizen initiative amendment to the Florida Constitution titled "Rights of Electricity Consumers Regarding Solar Energy Choice" and the corresponding Financial Impact Statement submitted by the Financial Impact Estimating Conference. Consumers for Smart Solar, Inc., (the "sponsor"), submitted the proposed amendment under article XI, section 3 of the Florida Constitution
. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const.
This Court's review of the proposed amendment is limited to three issues. First, we must determine whether the proposed amendment satisfies the single-subject requirement of article XI, section 3 of the Florida Constitution
. Second, we must determine whether the ballot title and summary satisfy the requirements of section 101.161(1), Florida Statutes (2015). And third, this Court must determine whether the Financial Impact Statement complies with the requirements of section 100.371(5), Florida Statutes (2015). See § 101.161(1), Fla. Stat. (2015).
For the reasons that follow, we conclude that the proposed amendment embraces a single subject and matter directly connected therewith, and therefore complies with article XI, section 3 of the Florida Constitution
. We also conclude that the ballot title and summary comply with section 101.161(1) because they are not clearly and conclusively defective. Finally, we conclude that the accompanying Financial Impact Statement complies with the requirements of section 100.371(5), Florida Statutes (2015). Accordingly, we approve the proposed amendment and Financial Impact Statement for placement on the ballot.
On November 24, 2015, the Attorney General petitioned this Court for an opinion as to the validity of an initiative petition sponsored by Consumers for Smart Solar, Inc., and circulated under article XI, section 3 of the Florida Constitution
. On December 21, 2015, this Court issued an order permitting interested parties to file briefs on the proposed amendment. The sponsor submitted a brief supporting the validity of the initiative petition, as did the Florida Electric Cooperatives Association, Inc., and the 60 Plus Association. Duke Energy Florida, Florida Power and Light Co., Gulf Power Co., and Tampa Electric Co. jointly filed a brief in support of the initiative. Floridians for Solar Choice, Inc., submitted a brief in opposition, as did the Florida Solar Energy Industries Association. Progress Florida, Inc., Environment Florida, Inc., and the Environmental Confederation of Southwest Florida, Inc., jointly filed a brief in opposition. Florida Energy Freedom, Inc., filed an amicus brief in opposition to which the sponsor responded.
The amendment proposed by Consumers for Smart Solar, Inc., would add the following new section 29 to article X of the Florida Constitution:
The ballot title for the proposed amendment is "Rights of Electricity Consumers Regarding Solar Energy Choice." The ballot summary for the proposed amendment states:
This amendment establishes a right under Florida's constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use. State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do.
On November 30, 2015, the Financial Impact Estimating Conference forwarded to the Attorney General the following Financial Impact Statement regarding the initiative petition: "The amendment is not expected to result in an increase or decrease in any revenues or costs to state and local government."
"This Court has traditionally applied a deferential standard of review to the validity of a citizen initiative petition and ‘has been reluctant to interfere’ with ‘the right of self-determination for all Florida's citizens' to formulate ‘their own organic law.’ " In re Advisory Op. to Att'y Gen. re Use of Marijuana for Certain Med. Conditions (Medical Marijuana I), 132 So.3d 786, 794 (Fla.2014)
(quoting Advisory Op. to Att'y Gen. re Right to Treatment & Rehab. for Non–Violent Drug Offenses, 818 So.2d 491, 494 (Fla.2002) ). This Court does "not consider or address the merits or wisdom of the proposed amendment" and must "act with extreme care, caution, and restraint before it removes a constitutional amendment from the vote of the people." In re Advisory Op. to Att'y Gen. re Limits or Prevents Barriers to Local Solar Elec. Supply, 177 So.3d 235, 242 (Fla.2015) ( ). Accordingly, it is this Court's duty to uphold a proposal unless it can be shown to be clearly and conclusively defective. Limits or Prevents Barriers, 177 So.3d at 246 ; Medical Marijuana I, 132 So.3d at 795.
Article XI, section 3 of the Florida Constitution
establishes the general requirement that a proposed citizen initiative amendment "shall embrace but one subject and matter directly connected therewith." Art. XI, § 3, Fla. Const. "In evaluating whether a proposed amendment violates the single-subject requirement, the...
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