City of Pompano Beach 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 also substantially affects multiple branches of government. It creates new causes of action that will require the judiciary to essentially make legislative decisions without a manageable standard needed to avoid judicial intrusion into the legislative power. It affects the legislative branch by mandating new and continuing legislative action, invalidating current law and eliminating the Public Service Commission. And, by requiring the creation of “an independent market monitor to ensure competitiveness of the wholesale and retail electric markets,” the Proposed Amendment substantially affects the executive branch. Because the Proposed Amendment violates the single-subject requirement, this Court should deny its placement on the ballot.
Read their full legal brief filed with the Florida Supreme Court here.