What was the 'Solar Energy Choice' ballot initiative and why did Florida's Attorney General send it to the state Supreme Court?

Plain-English summary

This document is a petition, not an advisory opinion with a conclusion. Under Article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes, the Attorney General must ask the Florida Supreme Court for a written opinion on the validity of a proposed citizen initiative once it clears certain signature thresholds. Attorney General Pam Bondi filed this petition for the initiative titled "Rights of Electricity Consumers Regarding Solar Energy Choice."

The petition explains that on October 27, 2015, the Secretary of State advised that the initiative had met the registration, submission, and signature criteria in section 15.21, Florida Statutes. The proposed amendment would have added a new section 29 to Article X of the Florida Constitution, establishing a right for electricity consumers to own or lease solar equipment on their property to generate electricity for their own use, while preserving state and local government authority to protect consumers and to ensure that non-solar customers were not forced to subsidize backup power and grid access for solar customers.

The petition sets out the procedural facts the Court needed: the sponsor (Consumers for Smart Solar), the signature count to date (68,792 certified valid signatures against the 683,149 required for the 2016 ballot), the timeline, and the date the Financial Impact Statement would be filed. It then asks the Court to decide whether the amendment complied with the single-subject requirement of Article XI, section 3, and whether the ballot title and summary complied with section 101.161(1), Florida Statutes. The petition itself takes no position on those questions; it submits them to the Court.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the Attorney General decide whether the Solar Choice amendment was valid?
A: No. The petition asks the Florida Supreme Court to decide the single-subject and ballot-title/summary questions. The Attorney General's role at this stage was to bring the initiative before the Court, not to rule on it.

Q: Why does the Attorney General have to petition the court about ballot initiatives?
A: Article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes, direct the Attorney General to request the Court's opinion on the validity of an initiative petition once it meets the threshold criteria. It is a mandatory pre-ballot review.

Q: What would the proposed amendment have done?
A: As drafted, it would have added section 29 to Article X of the Florida Constitution, recognizing a right to own or lease solar equipment for one's own electricity use, while keeping state and local authority to protect consumers and to prevent non-solar customers from subsidizing solar customers' backup power and grid access.

Background and statutory framework

Florida's citizen-initiative process for constitutional amendments runs through Article XI, section 3 of the Florida Constitution, which includes a single-subject requirement. Before an initiative reaches the ballot, Article IV, section 10 and section 16.061, Florida Statutes, require the Attorney General to petition the Florida Supreme Court for an advisory opinion on whether the proposal satisfies the single-subject rule and whether its ballot title and summary meet the requirements of section 101.161(1), Florida Statutes. Section 15.21, Florida Statutes, sets the registration, submission, and signature criteria the Secretary of State checks, and section 100.371(5)(a) requires a Financial Impact Statement.

This filing is the petition that starts that judicial review for the "Solar Energy Choice" initiative sponsored by Consumers for Smart Solar. It is governed procedurally by Rule 9.510(b), Florida Rules of Appellate Procedure, which is why the document lists the sponsor, signature status, timeline, and service information.

Citations and references

Constitutional provisions:

• Article IV, section 10, Florida Constitution (AG duty to petition for an opinion)
• Article XI, section 3, Florida Constitution (citizen initiative; single-subject requirement)
• Article X (proposed new section 29), Florida Constitution (text of the proposed amendment)

Statutes:

• Section 16.061, Florida Statutes (AG petition for advisory opinion on an initiative)
• Section 15.21, Florida Statutes (registration, submission, and signature criteria)
• Section 100.371(5)(a), Florida Statutes (financial impact statement)
• Section 101.161(1), Florida Statutes (ballot title and summary requirements)

Procedural rule:

• Rule 9.510(b), Florida Rules of Appellate Procedure

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/initative-petition-solar-choice
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8068

Original opinion text

The Honorable Jorge Labarga
Chief Justice, and Justices of
The Supreme Court of Florida
The Supreme Court Building
Tallahassee, Florida 32399-1925

Dear Chief Justice Labarga and Justices:

In accordance with the provisions of Article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, it is my responsibility as Attorney General to petition this Honorable Court for a written opinion as to the validity of an initiative petition circulated pursuant to Article XI, section 3, Florida Constitution.

On October 27, 2015, this office received a letter from the Secretary of State (a copy of which is attached) advising that the initiative petition entitled "Rights of Electricity Consumers Regarding Solar Energy Choice" had met the registration, submission, and signature criteria set forth in section 15.21, Florida Statutes.

The full text of the proposed amendment, which adds a new section 29 to Article X of the Florida Constitution, states:

"Section 29 – Rights of electricity consumers regarding solar energy choice. –

(a) ESTABLISHMENT OF CONSTITUTIONAL RIGHT. Electricity consumers have the right to own or lease solar equipment installed on their property to generate electricity for their own use.

(b) RETENTION OF STATE AND LOCAL GOVERNMENTAL ABILITIES. State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do.

(c) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

(1) 'consumer' means any end user of electricity regardless of the source of that electricity.

(2) 'solar equipment,' 'solar electrical generating equipment' and 'solar' are used interchangeably and mean photovoltaic panels and any other device or system that converts sunlight into electricity.

(3) 'backup power' means electricity from an electric utility, made available to solar electricity consumers for their use when their solar electricity generation is insufficient or unavailable, such as at night, during periods of low solar electricity generation or when their solar equipment otherwise is not functioning.

(4) 'lease,' when used in the context of a consumer paying the owner of solar electrical generating equipment for the right to use such equipment, means an agreement under which the consumer pays the equipment owner/lessor a stream of periodic payments for the use of such equipment, which payments do not vary in amount based on the amount of electricity produced by the equipment and used by the consumer/lessee.

(5) 'electric grid' means the interconnected electrical network, consisting of power plants and other generating facilities, transformers, transmission lines, distribution lines and related facilities, that makes electricity available to consumers throughout Florida.

(6) 'electric utility' means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state.

(d) EFFECTIVE DATE. This section shall be effective immediately upon voter approval of this amendment."

The ballot title for the proposed amendment is: "Rights of Electricity Consumers Regarding Solar Energy Choice." The ballot summary for the proposed amendment states:

"This amendment establishes a right under Florida's constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use. State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do."

Pursuant to Rule 9.510(b), Florida Rules of Appellate Procedure, this petition provides the following information:

1. The name and address of the sponsor of the initiative petition: Mr. Jim Kallinger, Chairperson, Consumers for Smart Solar, 2640-A Mitcham Drive, Tallahassee, Florida 32308-0000.

2. The name and address of the sponsor's attorney, if the sponsor is represented: Unknown.

3. A statement as to whether the sponsor has obtained the requisite number of signatures to have the initiative placed on the ballot: As of October 19, 2015, the sponsor has not obtained the requisite number of signatures to have the proposed amendment placed on the ballot. A total of 683,149 valid signatures are required for placement on the 2016 general election ballot.

4. The current status of the signature collection process: As of October 19, 2015, the Supervisors of Elections have certified a total of 68,792 valid petition signatures to the Division of Elections for this initiative petition. This number represents more than 10% of the total number of valid signatures needed from electors statewide and in at least one-fourth of the congressional districts in order to have the initiative placed on the 2016 general election ballot.

5. The date of the election during which the sponsor is planning to submit the proposed amendment: The initiative does not specify the date of the election at which the proposed amendment is to be submitted to the electors. The earliest date this proposed amendment can be placed on the ballot is November 8, 2016, provided the sponsor successfully obtains the requisite number of valid signatures by February 1, 2016.

6. The last possible date that the ballot for the target election can be printed in order to be ready for the election: Unknown.

7. A statement identifying the date by which the Financial Impact Statement will be filed, if the Financial Impact Statement is not filed concurrently with the request: The coordinator of the Financial Impact Estimating Conference has advised the Attorney General that the Financial Impact Statement required by section 100.371(5)(a), Florida Statutes, will be filed by December 10, 2015.

8. The names and complete mailing addresses of all of the parties who are to be served: The names and complete mailing addresses of all of the parties who are to be served are unknown at this time. Section 16.061(2), Florida Statutes, requires that a copy of the petition be provided to the Secretary of State and to the principal officer of the sponsor:

Mr. Ken Detzner, Secretary of State, Florida Department of State, R.A. Gray Building, Room 500 South Bronough Street, Tallahassee, Florida 32399-0250

Mr. Jim Kallinger, Chairperson, Consumers for Smart Solar, 2640-A Mitcham Drive, Tallahassee, Florida 32308-0000

While not required by law, this office provides copies of the petition to:

The Honorable Rick Scott, Governor, State of Florida, The Capitol, 400 South Monroe Street, Tallahassee, Florida 32399-0001

The Honorable Andy Gardiner, President, Florida Senate, Senate Office Building, Room 312, 404 South Monroe Street, Tallahassee, Florida 32399-1100

The Honorable Steve Crisafulli, Speaker, Florida House of Representatives, Room 420, The Capitol, 402 South Monroe Street, Tallahassee, Florida 32399-1300

In accordance with the provisions of Article IV, section 10, Florida Constitution, I respectfully request this Honorable Court's opinion as to whether the proposed amendment complies with the single-subject requirement of Article XI, section 3, Florida Constitution, and whether the ballot title and summary of the proposed constitutional amendment comply with section 101.161(1), Florida Statutes, setting forth substantive and technical requirements for the ballot title and summary.

Respectfully submitted,

Pamela Jo Bondi
Attorney General