• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2022
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Florida Supreme Court Unanimously Rejects Constitutional Proposal to Deregulate Utility Industry

January 10, 2020 | FlaglerLive | 6 Comments

Still dominant. (© FlaglerLive)
Still dominant. (© FlaglerLive)

The Florida Supreme Court on Thursday unanimously rejected a proposed constitutional amendment that would have overhauled and deregulated the state’s electric-utility industry, saying part of the proposal’s wording would mislead voters.




The ruling was a victory for state leaders, business groups and utilities that fought the amendment, which was proposed for the November ballot by a political committee known as Citizens for Energy Choices.

The proposal called for creating a “competitive” electricity market that would have made dramatic changes in the heavily regulated industry in which much of the state receives electricity from Florida Power & Light, Duke Energy Florida, Tampa Electric Co. and Gulf Power.

Amendment supporters, including companies that want to supply electricity in Florida, pointed to a similar competitive structure that Texas has used for nearly two decades.

But the Supreme Court, which must sign off on proposed constitutional amendments, issued an 11-page ruling that focused on wording in the ballot summary. The summary, which is what voters would see when they go to the polls, said the amendment would grant “customers of investor-owned utilities the right to choose their electricity provider and to generate and sell electricity.”

Justices said the full proposal does not back up the summary’s claim that it would give customers the right to “sell electricity.”

“The question is not whether a person has the right to sell electricity if the initiative is adopted, but whether, as the ballot summary claims, the initiative grants that right,” the Supreme Court opinion said. “It does not, and the ballot summary is therefore affirmatively misleading.

“The proponents argue that, notwithstanding this discrepancy, the ballot summary is an accurate statement of the initiative’s effects because the initiative necessarily implies a right to sell electricity. We reject this argument. We do not find any such implicit right in the proposed amendment. The ballot summary expressly states that the initiative grants the right to sell electricity, and the initiative does not do so. Because the ballot summary is affirmatively misleading, it does not satisfy the clarity requirements of (a section of state law). Consequently, the initiative should not be placed on the ballot.”

Thursday’s decision came after Citizens for Energy Choices spent at least $5.5 million trying to get the proposal on the ballot, with most of that money going toward gathering petition signatures. Along with needing Supreme Court approval of the wording, the committee also needed to meet a Feb. 1 deadline for submitting 766,200 valid petition signatures to the state. As of mid-day Thursday, the state Division of Elections had tallied 642,300 signatures.

Supporters of the proposal included Infinite Energy, Inc., NRG Energy, Inc., and Vistra Energy Corp.

Much of Florida’s electric market is highly regulated, with “investor-owned utilities” FPL, Duke, Tampa Electric and Gulf serving specific areas of the state. The proposed amendment, however, sought changes such as creating “competitive wholesale and retail markets” and dramatically limiting the roles of the investor-owned utilities.

As an example, the amendment would have limited those utilities to building, operating and repairing electrical-transmission and distribution systems — effectively preventing them from selling power directly to customers.

During Supreme Court arguments in August, Ken Sukhia, an attorney for Citizens for Energy Choices, said the measure would help do away with utility monopolies in many parts of the state.

“The case involves simply a matter of bringing to a particular industry a free and open choice in a free-market society where a monopoly is no longer needed,” said Sukhia, a former United States attorney. “And I ask you, your honors (the justices), to look closely at the ballot initiative and ask yourselves how else could you accomplish this end?”

But the proposal faced opposition from Attorney General Ashley Moody, state House and Senate leaders, powerful business groups and utilities, including municipal utilities and electric cooperatives. They urged the Supreme Court to keep the proposal off the ballot.

Barry Richard, an attorney for FPL and Gulf Power, said during the August hearing that the Supreme Court has never “faced an amendment that would so radically change an industry of such importance to Floridians. And never before has this court allowed an amendment on the ballot that contained multiple subjects as disparate as does this one.”

–Jim Saunders, News Service of Florida

Print Friendly, PDF & Email
You and your neighbors collectively read our articles about 25,000 times each day (that's not a typo) with up to 65,000 daily reads during emergencies like hurricanes. Flagler County residents rely on FlaglerLive for essential, bold and analytical journalism that cannot be found anywhere else. But we depend on your support. Please join our December fund drive! If you donate the cost of a scoop of ice cream, you will be helping us continue to provide comprehensive local news and honest, serious journalism for our community. If you can donate more or become a monthly donor, even better. Donations are tax deductible since FlaglerLive is a 501(c)(3) non-profit news organization. Donate by clicking anywhere in this box. Think of it as buying a scoop, in every sense of the term!  
All donors' identities are kept confidential and anonymous.
   

Reader Interactions

Comments

  1. Danm says

    January 10, 2020 at 1:53 pm

    The government via the courts have proven the whim of the law. The rich guys always win. Elimate the competition and rip off more profits.

    Reply
  2. Jane Gentile-Youd says

    January 10, 2020 at 7:34 pm

    Thank goodness !

    Reply
  3. rick stevens says

    January 11, 2020 at 1:47 am

    Ok, I’m a man of at least average ability to read and comprehend, but I read this article and just couldn’t get a clear understanding of what it really means to the average homeowner who pays his electrical bill every month. So much legalspeak. Who did what, and why…..?! Is my electric bill going to go up or down as a consequence of this decision?

    Reply
  4. Stretchem says

    January 11, 2020 at 4:24 pm

    It’s gonna happen. Maybe not this year. Maybe not this decade. But the day will come when citizens get to choose where their power comes from, and it will likely come from self contained renewables such as solar, wind, electromagnetics, dilithium crystals, whatever.

    The electrical grid system is yester-millenia and antiquated, just like the telegraph, telephone and television. These corporations (and politicians by accompanying proxy) will fight progress tooth and nail to retain their profits and earnings.

    Reply
  5. Sherry Epley says

    January 11, 2020 at 4:41 pm

    While our current “quasi- regulated” utility systems most certainly need updating to utilize cleaner fuels, turning over such incredibly VITAL services to “FOR PROFIT” companies with NO regulation at all would be nothing short of disastrous!

    And, NO the prices would NOT go down! Just take a look at the massive “cost” of what once was FREE television. . . remember when the cable companies sold us the bill of goods that if we paid for cable we would not need to endure commercials? How’s that working for you?

    Reply
  6. Pogo says

    January 11, 2020 at 8:46 pm

    @Republicans AND Democrats were BOTH on the right side!

    california electricity crisis summary
    https://www.google.com/search?q=california+electricity+crisis+summary&sa=X&ved=2ahUKEwiwpNOJ9vzmAhVGwlkKHbEfBW0Q1QIoAXoECA4QAg

    california energy crisis explained
    https://www.google.com/search?ei=EHgaXoC6JcPW5gKMwbboCg&q=california+energy+crisis+explained&oq=california+electricity+crisis+summary&gs_l=psy-ab.1.0.0i71l8.0.0..409758…0.3..0.0.0…….0……gws-wiz.95cG43f4MgA

    Reply
  • politis matovina attorneys for justice personal injury law auto truck accidents
  • grand living realty

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Advertisers

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Pierre Tristam on Drag Queen Story Hour Is Not What You Think
  • Brian on Drunk Driver Allegedly Goes Nuts on Deputy After Crashing Into Hydrant
  • Pierre Tristam on Drag Queen Story Hour Is Not What You Think
  • JustBeNice on Take Pride
  • Wow on Flagler Beach Man Charged with Home Invasion Armed Robbery Against Ex
  • Jonathan on Flagler Beach Man Charged with Home Invasion Armed Robbery Against Ex
  • James on After Deadlock on Rape Charges, New Trial for Monserrate Teron Set for July 24
  • Citizen Woke on Its Streets Degrading, Palm Coast Looks for Electric Vehicles to Pay Their Fair Share of Road Taxes
  • Be serious on At FPC, Misplaced ‘Man Cave’ Culture and Improprieties Cause Demise of Girls’ Basketball Coach
  • The dude on To Survive Poverty, Prayer Helped. But So Did Government.
  • David Schaefer on Drunk Driver Allegedly Goes Nuts on Deputy After Crashing Into Hydrant
  • Ray on Take Pride
  • Jeff Miller on Take Pride
  • Samuel Miller on Take Pride
  • The dude on Take Pride
  • Charlie Blizard on Gas Prices Sink as Oil Prices Near Late 2021 Levels

Log in