CRC - 2017 COMMITTEE AMENDMENT
Proposal No. P 51
Ì513104hÎ513104
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/16/2018 .
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The Committee on General Provisions (Heuchan) recommended the
following:
1 CRC Amendment
2
3 Delete everything after the enacting clause
4 and insert:
5 A new section is added to Article X of the State
6 Constitution to read:
7 ARTICLE X
8 MISCELLANEOUS
9
10 (a) POLICY DECLARATION. The people of the State of Florida
11 declare it to be the policy of this State that its wholesale and
12 retail electricity markets be open and competitive so that
13 electricity customers are afforded meaningful choices among
14 different electricity providers, and that economic and
15 regulatory burdens be minimized so as to promote a wide variety
16 of choices for electricity customers in open and competitive
17 wholesale and retail electricity markets. The Legislature shall
18 liberally construe this section to achieve these purposes.
19 (b) RIGHTS OF ELECTRICITY CUSTOMERS. Effective upon the
20 dates set forth in subsection (c), and subject to the exceptions
21 set forth in subsection (d), every person, business, association
22 of persons or businesses (regardless of organizational status),
23 nonprofit organization, state agency, political subdivision, or
24 any other entity in Florida that receives electric service
25 (referred to in this section as “electricity customers”) has the
26 right to choose their electricity provider, including, but not
27 limited to, selecting from multiple providers in a competitive
28 retail electricity market, or by producing electricity for
29 themselves or in association with others, and shall not be
30 forced to purchase electricity service from one provider. Except
31 as provided for by subsection (d), nothing in this section shall
32 be construed as limiting the right of electricity customers to
33 sell, trade or otherwise dispose of electricity.
34 (c) IMPLEMENTATION. The Legislature shall adopt
35 comprehensive legislation to implement this section in a manner
36 consistent with its broad purposes and stated terms, which shall
37 take effect January 1, 2023, which shall:
38 (1) establish open and competitive wholesale and retail
39 electricity markets, the goal of which will be to (i) lower
40 electricity prices for all types of electricity customers, (ii)
41 inspire innovation in electricity generation, delivery, and
42 service, and (iii) lead to a better customer service experience
43 for electricity customers, and
44 (2) implement protections that entitle electricity
45 customers to safe, reliable, and competitively priced
46 electricity, including but not limited to provisions that are
47 designed to (i) ensure lower costs to all types of electricity
48 customers, (ii) provide for the recovery of all net, verifiable,
49 and non-mitigable stranded generation costs by electric
50 utilities, (iii) assist low-income and fixed-income electricity
51 customers, as well as veterans and senior citizens, in obtaining
52 safe and reliable electricity service at affordable rates, (iv)
53 protect against service disconnections and deceptive or unfair
54 practices, and (v) prohibit the granting of either monopolies or
55 exclusive franchises for the generation and sale of electricity,
56 and
57 (3) provide the authority to enable counties and
58 municipalities to replace revenues previously realized through
59 existing franchise agreements through any lawful means. Nothing
60 in this section, however, shall be construed to affect the
61 existing rights or duties of electric cooperatives, municipally
62 owned electric utilities, or their customers in any way, except
63 that electric cooperatives and municipally-owned electric
64 utilities may freely participate in a competitive wholesale
65 market and may choose to participate, at their discretion, in an
66 optional competitive retail electricity market.
67 (4) Upon enactment of any law by the Legislature pursuant
68 to this section, all laws, regulations, orders or other
69 provisions which conflict with this section shall be void.
70 (d)EXCEPTIONS. Nothing in this section shall be construed
71 to invalidate this State's public policies on renewable energy,
72 energy efficiency, and environmental protection, or to limit the
73 Legislature's and the executive branch’s ability to impose such
74 policies on participants in competitive electricity markets.