CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 51 Ì513104hÎ513104 LEGISLATIVE ACTION Senate . House Comm: WD . 01/16/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.