CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 51
       
       
       
       
       
       
                                Ì887772MÎ887772                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  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) POLICY DECLARATION. The people of the State of Florida
    6  declare it to be the policy of this State that its wholesale and
    7  retail electricity markets be open and competitive so that
    8  electricity customers are afforded meaningful choices among
    9  different electricity providers, and that economic and
   10  regulatory burdens be minimized so as to promote a wide variety
   11  of choices for electricity customers in open and competitive
   12  wholesale and retail electricity markets. The Legislature shall
   13  liberally construe this section to achieve these purposes.
   14         (b) RIGHTS OF ELECTRICITY CUSTOMERS. Effective upon the
   15  dates set forth in subsection (c), and subject to the exceptions
   16  set forth in subsection (d), every person, business, association
   17  of persons or businesses (regardless of organizational status),
   18  nonprofit organization, state agency, political subdivision, or
   19  any other entity in Florida that receives electric service
   20  (referred to in this section as “electricity customers”) has the
   21  right to choose their electricity provider, including, but not
   22  limited to, selecting from multiple providers in a competitive
   23  retail electricity market, or by producing electricity for
   24  themselves or in association with others, and shall not be
   25  forced to purchase electricity service from one provider. Except
   26  as provided for by subsection (d), nothing in this section shall
   27  be construed as limiting the right of electricity customers to
   28  sell, trade or otherwise dispose of electricity.
   29         (c) IMPLEMENTATION. The Legislature shall adopt
   30  comprehensive legislation to implement this section in a manner
   31  consistent with its broad purposes and stated terms, which shall
   32  take effect January 1, 2023, which shall:
   33         (1) establish open and competitive wholesale and retail
   34  electricity markets, the goal of which will be to (i) lower
   35  electricity prices for all types of electricity customers, (ii)
   36  inspire innovation in electricity generation, delivery, and
   37  service, and (iii) lead to a better customer service experience
   38  for electricity customers, and
   39         (2) implement protections that entitle electricity
   40  customers to safe, reliable, and competitively priced
   41  electricity, including but not limited to provisions that are
   42  designed to (i) ensure lower costs to all types of electricity
   43  customers, (ii) provide for the recovery of all net, verifiable,
   44  and non-mitigable stranded generation costs by electric
   45  utilities, (iii) assist low-income and fixed-income electricity
   46  customers, as well as veterans and senior citizens, in obtaining
   47  safe and reliable electricity service at affordable rates, (iv)
   48  protect against service disconnections and deceptive or unfair
   49  practices, and (v) prohibit the granting of either monopolies or
   50  exclusive franchises for the generation and sale of electricity.
   51         (3) Nothing in this section, however, shall be construed
   52  to affect the existing rights or duties of electric
   53  cooperatives, municipally-owned electric utilities, or their
   54  customers in any way, except that electric cooperatives and
   55  municipally-owned electric utilities may freely participate in a
   56  competitive wholesale market and may choose to participate, at
   57  their discretion, in an optional competitive retail electricity
   58  market.
   59         (4) Upon enactment of any law by the Legislature pursuant
   60  to this section, all laws, regulations, orders or other
   61  provisions which conflict with this section shall be void.
   62         (d) MUNICIPAL IMPACT OFFSET. Notwithstanding Article VII,
   63  Section 1(a) and Article VII, Section 9(a), a municipality or a
   64  county may levy any tax, assessment, fee, or charge to offset
   65  any fiscal impact to the municipality or county related to the
   66  exercise of any right pursuant to this section. 
   67         (e) CONSENT TO JURISDICTION. Before engaging in the sale of
   68  electricity a provider of electricity service shall enter into
   69  an agreement with the Florida Public Service Commission that
   70  specifies the provider’s consent to the jurisdiction of the
   71  state and municipal and county governments within the state, and
   72  which shall provide for enforcement by the state, municipal and
   73  county governments within the state.  The agreement shall
   74  include an acknowledgement that the point of sale of any
   75  transaction between an electricity customer and a provider of
   76  electricity service shall be deemed to occur at the geographical
   77  location where the electricity is consumed.
   78         (f)EXCEPTIONS. Nothing in this section shall be construed
   79  to invalidate this State's public policies on renewable energy,
   80  energy efficiency, and environmental protection, or to limit the
   81  Legislature's and the executive branch’s ability to impose such
   82  policies on participants in competitive electricity markets.
   83