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.