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)

188 So. 3d 822
CourtSupreme Court of Florida
DecidedMarch 31, 2016
DocketSC15-2150, SC16-12
StatusPublished
Cited by7 cases

This text of 188 So. 3d 822 (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)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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), 188 So. 3d 822 (Fla. 2016).

Opinions

PER CURIAM.

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.

I. BACKGROUND

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 [826]*826validity 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:

Section 29 — Rights of electricity consumers regarding solar energy choice.— (a) ESTABLISHMENT OF CONSTITUTIONAL RIGHT. Electricity consumers have the right to own or lease solar equipment installed on their property to generate electricity for their own use.
(b) RETENTION. OF.' STATE AND LOCAL GOVERNMENTAL ABILITIES. 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. -
(c) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:
(1) “consumer” means any end user of electricity regardless of the source of that electricity.
(2) “solar equipment,” “solar electrical generating equipment” and “solar” are used interchangeably and mean photovoltaic panels and any other device or system that converts sunlight into electricity.’
(8) “backup power” means electricity from an electric utility, made available to solar electricity consumers for their use when their solar electricity generation is insufficient or unavailable, such as at night; during periods of low solar electricity generation- or when their solar equipment otherwise is not functioning.
(4) “lease,” when used in the context of a consumer paying the owner of solar electrical generating equipment for the right to use such equipment, means an agreement under which the consumer pays the equipment owner/lessor a stream of periodic payments for the use of such equipment, which payments do not vary in amount based on the amount of electricity produced by the equipment and used by the consumer/lessee.
(5) “electric grid” means the interconnected electrical network, consisting of power plants and other generating facilities, transformers, transmission lines, distribution lines and related facilities, that makes electricity available to consumers throughout Florida.
(6) “electric utility” means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state.
(d)EFFECTIVE DATE. This section shall be effective immediately upon voter approval of this amendment.

The ballot title for the proposed amendment is “Rights of Electricity Consumers Regarding Solar Energy Choice.”- The ballot summary for'the proposed amendment states:

[827]*827'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.”

II. STANDARD OF REVIEW

“This Court has traditionally apr plied 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) (quoting In re Advisory Op.

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188 So. 3d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-to-the-attorney-general-re-rights-of-electricity-consumers-fla-2016.