ADVISORY OPINION TO ATTORNEY GENERAL

No. SC19-328.

287 So.3d 1256 (2020)

ADVISORY OPINION TO the ATTORNEY GENERAL RE: RIGHT TO COMPETITIVE ENERGY MARKET FOR CUSTOMERS OF INVESTOR-OWNED UTILITIES; Allowing Energy Choice.

Supreme Court of Florida.

January 9, 2020.


Attorney(s) appearing for the Case

Ashley Moody , Attorney General, Amit Agarwal , Solicitor General, and John Guard , Chief Deputy Solicitor General, Tallahassee, Florida, for Petitioner.

W. Christopher Browder , Chief Legal Officer, Orlando, Florida; and Jody Lamar Finklea , General Counsel and Chief Legal Officer, and Daniel B. O'Hagan , Assistant General Counsel & Regulatory Compliance Counsel, Tallahassee, Florida, for Orlando Utilities Commission and Florida Municipal Electric Association, Inc. and Florida Municipal Power Agency.

Jason Gonzalez of Shutts & Bowen LLP, Tallahassee, Florida, and Bryan A. Garner of Garner & Garner LLP, Dallas, Texas, for Tampa Electric Company and Duke Energy Florida, LLC.

Rachael M. Crews and Thomas A. Cloud of GrayRobinson, P.A., Orlando, Florida, for Florida League of Cities, Inc., Florida Association of Counties, Inc., Florida Sheriffs Association, and Florida Police Benevolent Association.

Raoul G. Cantero , David P. Draigh , and Zachary B. Dickens of White & Case LLP, Miami, Florida, for the Florida Chamber of Commerce and the Florida Economic Development Council.

Virginia C. Dailey of Panza, Maurer & Maynard, P.A., Tallahassee, Florida, and Jonathan Barton Golden of Panza, Maurer & Maynard, P.A., Fort Lauderdale, Florida, for Audubon Florida, and The Nature Conservancy, Florida Program.

Keith C. Hetrick , General Counsel, Samantha M. Cibula , Attorney Supervisor, and Andrew B. King , Senior Attorney, Tallahassee, Florida, for Florida Public Service Commission.

Alain E. Boileau , City Attorney, Fort Lauderdale, Florida; Mark E. Berman , City Attorney, Pompano Beach, Florida; Douglas R. Gonzales , City Attorney, Hollywood, Florida; and John C. Rayson , Town Attorney, Davie, Florida, for City of Fort Lauderdale, City of Hollywood, City of Pompano Beach and Town of Davie.

Glen J. Torcivia of Torcivia, Donlon, Goddeau & Ansay, P.A., West Palm Beach, Florida; Wade C. Vose of Vose Law Firm, LLP, Winter Park, Florida; Kathryn Michelle Blakenship Jordan of Blakenship Jordan, Chipley, Florida; and Donia Roberts of Donia Adams Roberts, P.A., Belle Glade, Florida, for City of Belle Glade, Village of Indiantown, Cities of Chipley and Vernon, and Lake Okeechobee Regional Alliance of Palm Beach County, Inc.

Daniel Nordby , Benjamin Gibson , and Amber Stoner Nunnally of Shutts & Bowen, LLP, Tallahassee, Florida, for Associated Industries of Florida, Florida Health Care Association, and Florida Hospital Association.

Glenn Burhans, Jr. , of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Tallahassee, Florida, for Partnership for Affordable Clean Energy a/k/a Energy Fairness.

Barry Richard of Greenberg Traurig, P.A., Tallahassee, Florida, for Florida Power & Light Company and Gulf Power Company.

William N. Spicola , Tallahassee, Florida, for American Senior Alliance.

Gregory T. Stewart , Heather J. Encinosa , and Evan J. Rosenthal of Nabors, Giblin & Nickerson, P.A., Tallahassee, Florida, for JEA.

Kenneth W. Sukhia of Sukhia & Williams Law PLLC, Tallahassee, Florida, for Citizens for Energy Choices.

George N. Meros, Jr. , D. Bruce May, Jr. , and Tara R. Price of Holland & Knight, LLP, Tallahassee, Florida; and Michelle L. Hershel of Florida Electric Cooperatives Association, Inc., Tallahassee, Florida, for The Florida Electric Cooperatives Association, Inc.

Matthew J. Conigliaro of Carlton Fields, P.A., Tampa, Florida, for Florida Association of Realtors, Inc. d/b/a Florida Realtors.

Jeremiah Hawkes , General Counsel, and Ashley Istler , Deputy General Counsel, Tallahassee, Florida, for The Florida Senate; and Bill Galvano , in his official capacity as President of the Florida Senate.

Daniel Bell , General Counsel, and J. Michael Maida , Deputy General Counsel, Tallahassee, Florida, for Florida House of Representatives.

M. Stephen Turner of Nelson Mullins Broad and Cassel, Tallahassee, Florida, for Floridians for Affordable Reliable Energy (FARE), Urban League of Palm Beach County, Jacksonville Urban League, and the Central Florida Urban League.

Kenneth W. Sukhia of Sukhia & Williams Law, PLLC, Tallahassee, Florida, for Citizens for Energy Choices.

Warren Rhea , Corporate Counsel, Infinite Energy, Inc., Gainesville, Florida, for Infinite Energy, Inc., NRG Energy, Inc., Vistra Energy Corporation, National Energy Marketers Association, and Energy Choice Coalition.


The Attorney General of Florida has requested this Court's opinion as to the validity of a citizen initiative petition circulated pursuant to article XI, section 3 of the Florida Constitution. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const. For the reasons expressed below, we conclude that the proposed...

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