Florida Senate Opposes the “Energy Choice” Amendment

The Energy Choice Initiative clearly violates the single-subject rule found in the Florida Constitution, which allows voters to know what an amendment does and how it will affect the Constitution.

The Energy Choice Initiative fails both historic tests established by the Court to determine whether an initiative complies with the single-subject rule. First, if passed the Initiative would dramatically affect the functions of multiple branches and levels of government. Secondly, the Initiative engages in log-rolling by forcing voters to choose among numerous different policy choices.

The Energy Choice Initiative also fails to identify what parts of the Constitution it would affect. The terms in the Initiative are not entirely clear and voters will not have notice of all the ramifications of the Initiative if it were to pass. The terms it uses are ambiguous and how it would interact with other parts of the Constitution are unclear. 

The ballot summary and title for the Energy Choice Initiative are defective. The ballot summary fails to fairly inform the voter of the chief purpose of the Initiative. 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 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.

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