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Florida Constitution Revision Commission

PUB 700366: Electricity Choice by Rich Blaser

ARTICLE X: MISCELLANEOUS, New Section.

Catchline: Sec. 30: Right of all Floridians to participate in an open, competitive retail electricity market.

 

BALLOT INITIATIVE TITLE AND BALLOT INITIATIVE SUMMARY:

Art. X, Sec. 30: Right of all Floridians to participate in an open, competitive retail electricity market.–

Establishes a right under Florida’s Constitution for all electricity customers to participate in an open, competitive retail electricity market where they can choose from multiple retail electricity providers. By June 1, 2023, the Legislature shall provide by law for the establishment of an open, competitive retail electricity market that lowers customer costs, protects against unfair or deceptive practices, and prohibits the granting of either monopolies or exclusive franchises for the generation and sale of electricity.

 

AMENDMENT TEXT:

Art. X, Sec. 30: Open, competitive retail electricity market.–

(a) POLICY DECLARATION. The people of the State of Florida declare it to be the policy of this State that its electricity market be open and competitive so that all electricity customers are afforded meaningful choices among different retail electricity providers, and that economic and regulatory burdens be minimized so as to promote a wide variety of choices for electricity customers in an open, competitive retail electricity market. This section shall be liberally construed to achieve this purpose.

(b) RIGHTS OF ELECTRICITY CUSTOMERS. Effective upon the dates set forth in subsection (c), every person, business, association of persons or businesses, nonprofit organization, state agency, political subdivision of the State of Florida, or any other entity in Florida (referred to in this section as “electricity customers”) has the right to choose the provider of its electricity service, including, but not limited to, selecting from multiple providers in a competitive retail electricity market, or by producing electricity for themselves or in association with others, and shall not be forced to purchase electricity service from one provider. Nothing in this section shall be construed as limiting the right of electricity customers to sell, trade or otherwise dispose of electricity.

(c) IMPLEMENTATION. Not later than June 1, 2023, the Legislature shall:

(1) Provide by law for provisions consistent with this section to establish an open, competitive retail electricity market and to ensure that protections entitle electricity customers to safe, reliable, and competitively priced electricity, including but not limited to provisions that lower costs to electricity customers, protect against service disconnections and deceptive or unfair practices, and prohibit the granting of either monopolies or exclusive franchises for the generation and sale of electricity.

(2) Upon enactment of any law by the Legislature pursuant to this section before June 1, 2023, and not later than that date, any laws, regulations, orders or other provisions which conflict with this section will be void. However, the Legislature may enact legislation consistent with this section providing for an open, competitive retail electricity market in part or in whole before June 1, 2023.

(3) Nothing in this section shall be construed to invalidate Florida's public policies on renewable energy, energy efficiency, and environmental protection, or limit the Legislature's ability to impose such policies on participants in an open, competitive retail electricity market.

(d) SEVERABILITY. The provisions of this section are severable, and if any clause, sentence, paragraph, subsection, or application of this section is determined to be invalid by a court of competent jurisdiction, other provisions shall continue to be in effect to the fullest extent possible.