City of Hollywood Opposes the “Energy Choice” Amendment

The amicus curiae, CITY OF FORT LAUDERDALE, CITY OF HOLLYWOOD, CITY OF POMPANO BEACH, and TOWN OF DAVIE, are municipal governments (hereinafter collectively the “Municipal Governments”) that represent approximately 550,000 citizens of Florida. Both the Municipal Governments and their citizens are consumers of electricity provided by investorowned utilities (the “IOUs”), and rely upon consistent and dependable service for their activities every day. Maintaining reliable electrical service is critical for the economic well-being of the Municipal Governments and the citizens they represent.

The Municipal Governments also collect taxes and fees from the IOUs in order to provide essential services to their citizens. The Municipal Governments have franchise agreements with the IOUs that allow the IOUs to use the Municipal Governments’ right-of-ways in exchange for franchise fees. The substantial and valuable property of the IOUs is also subject to property tax by the Municipal Governments. If those taxes and fees are reduced or eliminated, the Municipal Governments will face significant budget shortfalls to the detriment of their citizens.

The Proposed Amendment violates the single-subject requirement in Article XI, section 3 of the Florida Constitution by logrolling multiple issues into a single proposal. The Proposed Amendment includes at least four distinct issues, forcing each voter to choose between voting for one issue he or she supports, but also one or more issues he or she opposes, or else voting against the issue he or she supports. 

Read their full legal brief filed with the Florida Supreme Court here.