Environment Proposed Solar Power Amendment Headed to State Supreme Court

BRADENTON — A grassroots group working to help more homes and businesses generate electricity through solar power hopes to put the issue to voters via a proposed ballot referendum to amend the state constitution. Florida Attorney General Pam Bondi and the state's largest utilities wants the Florida Supreme Court to block it.

Florida is one of four states that prohibits citizens from buying electricity from anyone other than a utility. The group leading the effort, Floridians for Solar Choice, argues that the state's policy limits customer choice and blocks the growth of solar energy as a cleaner and more sustainable alternative to coal fired power plants and other carbon-based methods.

If passed, the amendment would allow businesses to sell up to two megawatts of power to customers on their property or properties that neighbor them. The group argues that Florida’s current policy exists solely to make commerce in solar energy illegal, putting solar energy at an unfair disadvantage by denying customers the right to buy solar products available in most state markets.

Bondi and the utility companies say that the language of the referendum is unclear and will confuse voters.

"The proposed amendment fails in several respects to meet basic standards that are intended to protect voters from being misled or confused," wrote Florida Power & Light said in a statement. "Indeed, the amendment's language is largely unclear, but one thing is certain: It would amount to an unprecedented constitutional ban on consumer protection."

Floridians for Solar Choice says that the ballot is as straightforward as possible and has created a fact sheet page on their website countering the claims.

The Florida Supreme Court is scheduled to hear arguments Sept. 1. If the court allows the proposal, supporters will have to get nearly 700,000 approved petition signatures in order to get the measure on the ballot in the November 2016 election.