A proposed constitutional amendment is heading for the 2016 ballot, if it can garner enough petitions, after being approved by the Florida Supreme Court. The proposed amendment would prohibit barriers to the sale of solar energy by companies other than regulated utilities. This amendment, sponsored by Floridians for Solar Choice, meets the single subject requirement in the State Constitution, and would allow companies to install solar energy on rooftops and sell power to homeowners without being regulated as utilities. Said Tory Perfetti, chairman of Floridians for Solar Choice, “We are thrilled with the high court’s ruling so voters may have the opportunity to vote on removing a barrier that blocks Florida’s families and businesses from greater energy choices through the power of the free market”.
The measure faces opposition from utilities who say the proposed amendment would force other customers to subsidize those who have solar panels. The group Consumers for Smart Solar warns voters that this amendment would create a solar tax on every electric customer while gutting consumer protections. Dick Batchelor, co-chair of the group said, the ballot measure “favors out-of-state solar companies instead of Florida consumers” and puts Florida consumers at “great risk of fraud and abuse”.A quick summary of the competing arguments shows that Floridians for Solar Choice believe the amendment would free power users from control of the utilities and allow for more competition, while the Smart Solar Group says its more prudent to secure consumer protections in the constitution and shield Floridians who do not choose to use solar power from subsidizing its costs.
The Supreme Court ruling was unanimous, but Justice Ricky Polston issued a partial dissent, calling the measure “confusing, and does not accurately describe the scope of the proposed amendment”, nor does it mention that a change in state law would be necessary by deregulating only solar energy providers.
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Now, supporters must finish collecting the 683,149 petition signatures required to put this amendment on the 2016 ballot.