Both chambers of the Florida Legislature joined a fight to block the Florida Energy Choiceamendment from the 2020 ballot.
Florida Senate President Bill Galvano, House Speaker José Oliva, and counsel for their respective chambers filed briefs opposing the measure.
A Senate brief calls proposed ballot language deceptive and oversimplified. General Counsel Jeremiah Hawkes and Deputy General Counsel Ashley Isler write the measure violates a single-subject rule for constitutional amendments.
“The ballot summary does not even hint at the sweeping effects it will have by requiring the Legislature to upend the entire electric utility regulatory framework,” the counsels write.
“The ballot summary affirmatively misleads the public by it stating it grants rights, but fails to include that such rights are dependent and subject to legislative action as the Initiative is not self-executing.”
House attorneys call the measure “an abuse of the initiative process” in a separate brief. General Counsel Adam S. Tanenbaum and Deputy General Counsel J. Michael Maida argue the amendment in effect tries to write law into the constitution.
“The multiple alterations to government to be effected by this proposal are disguised behind a single choice on whether the electorate prefers a particular policy choice set out in the proposed amendment,” The House brief reads.