Item L6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20, 2016 Department: Mayor Heather Carruthers District 3
Bulk Item: Yes X No Staff Contact : Carol Schreck 305-292-3430
AGENDA ITEM WORDING: Approval of a resolution supporting a proposed amendment to the
Florida Constitution entitled "Limits or Prevents Barriers to Local Solar Electric Supply" which is
being supported by Floridians for Solar Choice.
ITEM BACKGROUND: Floridians for Solar Choice is seeking to place an initiative on the
November 2016 ballot, which seeks to amend the Florida Constitution to prohibit regulatory barriers
from blocking Florida property owners from harnessing clean, renewable solar power and reselling it
to neighbors and others. The proposed constitutional amendment would expand choice in solar power
providers, offering customers more choice and freedom in selecting solar power and who provides it to
them. The Florida Supreme Court approved the ballot title and language for this petition on October
22, 2015. If a sufficient number of signatures are obtained on petitions in support of this initiative, the
item will appear on the November 2016 ballot.
According to Floridiansfor Solar Choice, Florida is one of only 4 states that by law expressly denies
citizens and businesses the freedom to buy solar power from anyone other than their current utility
company. Florida law currently denies property owners the right to sell power to tenants, or to
neighbors.
There currently is a competing petition to amend the Constitution which is supported by the power
companies that seeks to maintain the status quo, restricting property owners to only one option --
selling excess energy to utilities at retail prices. The counter petition is pending before the Supreme
Court.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: nla
TOTAL COST:O INDIRECT COST: 0 BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No 0 AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Mayor Carruthers
RESOLUTION NO. - 2016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA IN
SUPPORT OF REMOVING BARRIERS TO CUSTOMER -
SITED SOLAR POWER AND SUPPORTING THE
FLORIDIANS FOR SOLAR CHOICE BALLOT PETITION.
WHEREAS, unlike conventional power generation, solar power generates electricity
with zero air emissions and no water use, thereby moving the county, state, and country to a
cleaner and more sustainable energy future; and
WHEREAS, Florida has the greatest potential for rooftop solar power of any state in the
eastern United States but lags in realizing that potential; with 9 million electric utility customer
accounts, Florida has only 6,678 customer -sited solar systems.I Less sunny states, like New
Jersey, have over 30,000 customer -sited solar systems but only half the population of Florida;
and
WHEREAS, Florida is one of only five (5) states in the United States that, by law,
expressly denies citizens and businesses the freedom to buy solar power electricity directly from
someone other than a power company,'` and
WHEREAS, allowing non -utility solar providers to provide solar generated electricity,
through a Power Purchase Agreement (PPA), directly to customers can remove the upfront cost
for solar power systems to homeowners and expand solar power options to residential and
commercial tenants-- thereby expanding the choice for solar power to all Floridians; and
WHEREAS, in states such as New York or New Jersey, where non -utilities can provide
solar generated power directly to customers, there has been significant solar development in the
residential sector and such arrangements have driven anywhere from 67% (New York) to 92%
(New Jersey) of residential installations in those states;3 and
WHEREAS, Florida spends about 58 trillion dollars each year buying carbon -based fuels
from other states and countries to power our homes, businesses and cars, while solar power will
keep energy dollars here at home and create good paying local jobs; and
WHEREAS, in a recent poll, 74% of Florida voters said they support a proposal to
change the state's current law and allow Floridians to contract directly with solar power
providers for their electricity, and removing barriers to solar choice will allow more Floridians to
take advantage of the power of the sun;4 and
WHEREAS, Exhibit A to this Resolution is the text of the proposed new Section 29 to
Article X of the Florida Constitution; and
WHEREAS, on October 22, 2015, the Florida Supreme Court approved the proposed
amendment for placement on the ballot provided that a sufficient number of valid signatures are
obtained;5
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners of Monroe County, Florida
hereby urges the Florida Legislature to remove the barrier that
limits the sale of solar -generated electricity directly to a customer
by anyone other than a power company, and alternatively supports
the Floridians for Solar Choice ballot petition to amend the Florida
Constitution to remove the barrier to customer -sited solar power.
Section 2. This resolution shall become effective immediately upon adoption
by vote of the County Commission.
Section 3. The Clerk is directed to send a copy of this resolution to:
Governor Rick Scott
Senate President Andy Gardiner
House Speaker Steve Crisafulli
Senator Dwight Bullard
Representative Holly Raschein
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 20'h day of January, 2016.
Mayor Heather Carruthers
Mayor pro tem George Neugent
Commissioner Danny L. Koihage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Page 2 of 3
Mayor Heather Carruthers
MONROE COUNTY ATTORNEY
ROBERT B. SHIWNGER, JR.
QOYNTY
Florida Publico: Overview ofsolar
p' p'Ik u. "�i 1 1 ■d'
DepartmentoDatabase ofState Incentivesforr r o.r
.d
Solar Report:
r i r
insight-report-2014-g3
OpinionResearch,otRegistered Voters,•bi W, wwwxleancnvrg,� Wcontent/uploads/FL Energy Presentation for Release.ydf
r Opinion r Barriers to Local
s2015)
Exhibit A
ARTICLE X, SECTION 29. Purchase and sale of solar electricity. —
(a) PURPOSE AND INTENT. It shall be the policy of the state to encourage and
promote local small-scale solar -generated electricity production and to enhance the
availability of solar power to customers. This section is intended to accomplish this
purpose by limiting and preventing regulatory and economic barriers that discourage the
supply of electricity generated from solar energy sources to customers who consume
the electricity at the same or a contiguous property as the site of the solar electricity
production. Regulatory and economic barriers include rate, service and territory
regulations imposed by state or local government on those supplying such local solar
electricity, and imposition by electric utilities of special rates, fees, charges, tariffs, or
terms and conditions of service on their customers consuming local solar electricity
supplied by a third party that are not imposed on their other customers of the same type
or class who do not consume local solar electricity.
(b) PURCHASE AND SALE OF LOCAL SMALL—SCALE SOLAR ELECTRICITY.
(1) A local solar electricity supplier, as defined in this section, shall not be subject
to state or local government regulation with respect to rates, service, or territory,
or be subject to any assignment, reservation, or division of service territory
between or among electric utilities.
(2) No electric utility shall impair any customer's purchase or consumption of
solar electricity from a local solar electricity supplier through any special rate,
charge, tariff, classification, term or condition of service, or utility rule or
regulation, that is not also imposed on other customers of the same type or class
that do not consume electricity from a local solar electricity supplier.
(3) An electric utility shall not be relieved of its obligation under law to furnish
service to any customer within its service territory on the basis that such
customer also purchases electricity from a local solar electricity supplier.
(4) Notwithstanding paragraph (1), nothing in this section shall prohibit
reasonable health, safety and welfare regulations, including, but not limited to,
building codes, electrical codes, safety codes and pollution control regulations,
which do not prohibit or have the effect of prohibiting the supply of solar -
generated electricity by a local solar electricity supplier as defined in this section.
(c) DEFINITIONS. For the purposes of this section:
(1) "local solar electricity supplier" means any person who supplies electricity
generated from a solar electricity generating facility with a maximum rated *241
capacity of no more than 2 megawatts, that converts energy from the sun into
thermal or electrical energy, to any other person located on the same property, or
on separately owned but contiguous property, where the solar energy generating
facility is located.
(2) "person" means any individual, firm, association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation, government entity,
and any other group or combination.
(3) "electric utility" means every person, corporation, partnership, association,
governmental entity, and their lessees, trustees, or receivers, other than a local
solar electricity supplier, supplying electricity to ultimate consumers of electricity
within this state.
(4) "local government" means any county, municipality, special district, authority,
or any other subdivision of the state.
(d) ENFORCEMENT AND EFFECTIVE DATE. This amendment shall be effective on
January 3, 2017.
ADDITIONAL
BACK-UP
5
1 Resolution No.
2
3 A Resolution of the City of South Miami in support of removing barriers to
4 customer -sited solar power and support for the Floridians for solar choice
S ballot petition.
6
7 WHEREAS, Unlike conventional power generation, solar power generates electricity
8 with zero air emissions and no water use, thereby moving the county, state, and country to a
9 cleaner and more sustainable energy future; and
10 WHEREAS, Florida has the greatest potential for rooftop solar power of any state in the
11 eastern United States but lags in realizing that potential; with 9 million electric utility customer
12 accounts, Florida has only 6,000 customer -sited solar systems.' Less sunny states like New
13 Jersey have over 30,000 customer -sited solar systems but only half the population of Florida; and
14 WHEREAS, Florida is one of only five states in the United States that by law expressly
15 denies citizens and businesses the freedom to buy solar power electricity directly from someone
16 other than a power company'; and
17 WHEREAS, allowing non -utility solar providers to provide solar generated electricity,
18 through a Power Purchase Agreement (PPA), directly to customers can remove the upfront cost
19 for solar power systems to homeowners and expand solar power options to residential and
20 commercial tenants — thereby expanding the choice for solar power to all Floridians; and
21 WHEREAS, in states, such as New York or New Jersey, where non -utilities can provide
22 solar generated power directly to customers, there has been significant solar development in the
23 residential sector. Such arrangements have driven anywhere from 67% (New York) to 92% (New
24 Jersey) of residential installations in those states;3 and
25 WHEREAS, Florida spends about 58 billion dollars each year buying carbon -based fuels
26 from other states and countries to power our homes, businesses and cars, while solar power will
27 keep -energy dollars here at home and create good paying local jobs; and
28 WHEREAS, In a recent poll, 74% of Florida voters said they support a proposal to
29 change the state's current law and allow Floridians to contract directly with solar power
' Florida Public Service Commission, Reporting Requirements for Interconnection and Net Metering Customer -
owned Renewable Generation, at:
http://www.psc.state.fl us/utilities/electricgas/customerrenewable/2013/2013%20Net%2OMetering%205ummary
%20Spreadsheet/2013%2ONet%2OMeteri ng%20Chart. pdf
2 Department of Energy, et. al, Database of State Incentives for Renewobles and Efficiency, at
http://www.dsireusa.arg/documents/summarymaps/3rd_Party_PPA_ Map.pdf
3' SEIA-GTM. U.S, Solar Market Insight Report., Q3 2014.
Page 1 of 2
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providers for their electricity. Removing barriers to solar choice will allow more Floridians to
take advantage of -the power of the sun;4
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of South Miami hereby urges the
Florida Legislature to remove the barrier that limits the sale of solar -generated electricity directly
to a customer by anyone other than a power company, and alternatively supports the Floridians
for Solar Choice ballot petition to amend the Florida Constitution to remove the barrier to
customer -sited solar power;.
Section 2. , This resolution shall become effective immediately upon adoption by vote of the
City Commission.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
day of 212015.
APPROVED:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
4 Northstar Opinion Research, Survey of Florida Registered Voters, October 2014, at:
http://www.deanenergy.org/wp-content/uploads/FL Energy_Presentation for—Release.pdf
Page 2 of 2
CONSTITUTIONAL AMENDMENT PETITION FORM
Note:
• All information on this form, including your signowe, become apublic record upon receipt by the Supervisor of Electrons.
• Under Florida law, iris a firs! degree misdemeanor, punishable as provided in s. 775.081 ors. 775-08, Flarida Statutes, to knowingly sign more than
one petltion foran issue. [Section 104185, Florida Statutes]
■ !fall requetrd information an thlsform is not completed, the form wig not be valid.
Your Name -
(Please Print Name as it appears on your Voter Information Card)
Your Address:
City: Zip: County:
Oplease change my legal residence address on my voter registration record to the above residence address (check bar, if applicable),
Voter Registration.Number: or Date of Birth
Iam a registered voter of Florida and herebypetition the Secretary of State to place the followingpropased amendment to the Florida Constitution on the ballot in the
general election
BALLOT TITLE: Limits or Prevents Barriers to Local Solar Electricity Supply
BALLOT SUMMARY: Limits or prevents government and electric utility imposed barriers to supplying
local solar electricity. Local solar electricity supply is the non -utility supply of solar generated electricity
from a facility rated up to 2 megawatts to customers at the same or contiguous property as the facility.
Barriers include government regulation of local solar electricity suppliers' rates, service and territory, and
unfavorable electric utility rates, charges, or terms of service imposed on local solar electricity customers.
ARTICLE AND SECTION BEING CREATED OR AMENDED: Add new Section 29 to Article X
FULL TEXT OF PROPOSED AMENDMENT:
Section 29. Purchase and sale of solar electricity. --
(a) PURPOSE AND INTENT. It shall be the policy of the state to encourage and promote local small-scale solar -generated electricity
production and to enhance the availability of solar power to customers. This section is intended to accomplish this purpose by limiting
and preventing regulatory and economic barriers that discourage the supply of electricity generated from solar energy sources to
customers who consume the electricity at the same or a contiguous property as the site of the solar electricity production. Regulatory
and economic barriers include rate, service and territory regulations imposed by state or local government on those supplying such
local solar electricity, and imposition by electric utilities of special rates, fees, charges, tariffs, or terms and conditions of service on
their customers consuming local solar electricity supplied by a third party that are not imposed on their other customers of the same
type or class who do not consume local solar electricity.
(b) PURCHASE AND SALE OF LOCAL SMALL-SCALE SOLAR ELECTRICITY.
(1) A local solar electricity supplier, as defined in this section, shall not be subject to state or local government regulation with respect
to rates, service, or territory, or be subject to any assignment, reservation, or division of service territory between or among electric
utilities.
(2) No electric utility shall impair any customer's purchase or consumption of solar electricity from a local solar electricity supplier
through any special rate; charge, tariff, classification, term or condition of service, or utility rule or regulation, that is not also imposed
on other customers of the same type or class that do not consume electricity from a local solar electricity supplier.
(3) An electric utility shall not be relieved of its obligation under law to furnish service to any customer within its service territory on
the basis that such customer also purchases electricity from a local solar electricity supplier.
(4) Notwithstanding paragraph (1), nothing in this section shall prohibit reasonable health, safety and welfare regulations, including,
but not limited to, building codes, electrical codes, safety codes and pollution control regulations, which do not prohibit or have the
effect of prohibiting the supply of solar -generated electricity by a local solar electricity supplier as defined in this section.
(c) DEFINITIONS. For the purposes of this section:
(1) "local solar electricity supplier" means any person who supplies electricity generated from a solar electricity generating facility
with a maximum rated capacity of no more than 2 megawatts, that converts energy from the sun into thermal or electrical energy, to
any other person located on the same property, or on separately owned but contiguous property, where the solar energy generating
facility is located.
(2) "person" means any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary,
corporation, government entity, and any other group or combination.
(3) "electric utility" means every person, corporation, partnership, association, governmental entity, and their lessees, trustees, or
receivers, other than a local solar electricity supplier, supplying electricity to ultimate consumers of electricity within this state.
(4) "local government means any county, municipality, special district, district, authority, or any other subdivision of the state.
(d) ENFORCEMENT AND EFFECTIVE DATE. This amendment shall be effective on January 3, 2017.
Date: X
(Date ofaigrtat—) Mgnature ofreginered voter] .
InlHatrve peddon sponsored by Floridransfor Sohn Choice, Inc. _120 E. Oakland Blvd:, Suite 105 Ft. Lauderdale, FL 33334
Circulator's Name
Circulator's Address
Floridians for Florida Solar Ballot
Solar Choice Initiative Fact Sheet
WHAT: This measure — to be placed on the 2016 ballot - removes barriers that block Florida families
and businesses from harnessing clean, renewable solar power. It expands choice in solar power
providers, offering customers more choice and freedom in selecting solar power and who provides it
to them.
HOW. Amends the Florida Constitution to allow the sale of solar -generated electricity to Florida
families and businesses by persons other than monopoly power companies and government -owned
utilities.
WHY. Florida has the greatest potential for solar energy of any state east of the Mississippi. Yet the
Sunshine State lags in solar power development. It has 9 million electric utility customers, yet a It
0,000 customer -sited solar systems — dwarfed by less sunny states like New Jersey which has over
30,000 customer -sited solar systems but only half the population of Florida. Why aren't Florida
families and businesses harnessing the benefits of clean, renewable solar power?
For one thing, Florida is one of only four states in the United States that by law expressly denies
citizens and businesses the freedom to buy solar power electricity directly from someone other than a
monopoly electric utility, or a local electric utility. Having the choice to buy solar power from someone
other than your current electricity company has been the major driver of solar development in other
states.
Florida law also denies property owners the right to sell power to tenants, or to a neighbor with a
common boundary line. That means that a landlord can't offer solar generated electricity to families
that rent their home, nor can a shopping center owner offer solar -generated electricity to their
tenants. These laws restrict solar choice for a large portion of Florida's families and businesses. Big
power companies such as Duke Energy and Florida Power & Light profit by maintaining their
monopoly on the state's energy market. Florida's solar market is held back by these monopoly utilities
that do everything in their vast power to stomp out potential competition and deny Floridians their
right to choose their energy sources.
In a recent poll, 74% of Florida voters said they support a proposal to change tile state's current law
and allow Floridians to contract directly with solar power providers for their electricity. Removing
barriers to solar choice will allow more Floridians to take advantage of the power of the sun.
It's clear: Floridians support solar power but they are being denied their right to choose it as their
power source! That's why Floridians for Solar- Choke Is bringing this issue directly to the people.
join us! Sign the petition TODAY! Visit www.FLsolarclioice.org to learn more about the benefits of
customer solar choice. Sign up for free updates and help spread the word. Together we can remove
unfair state policies that black competition and encourage monopoly control of our energy choices.
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Floridians for
Solar Choice
Bradenton Herald: Editorial: Don't be fooled on Florida solar enew petition drives: One. friend]]y to
consumers., other to utilities (November 2, 2015)
Floridians would be well advised to learn to stork differences in the two diametrically opposed petitions
seeking constitutional amendments on solar energy. One would eliminate the ban on property owners
who wont to sell electricity generated by solar panels to neighboring homes and businesses. The other
merely seeks to maintain the status qua, restricting property owners to only one option -- selling excess
energy to utilities at retail prices. Confusion arises when the people paid to gather petition signatures
misrepresent the utility -supported initiative as a consumer friendly measure. Don't be fooled.
Ocala Star Banner: Editorial: An inconvenient truth in Florida (October 9, 2015)
Florida's major utilities have gutted solar rebate programs and energy -efficiency goals, and now are
fighting on initiative that would create solar competition for them. "The utilities use their legacy power
and wealth ... to absolutely control the state Legislature and the governor's office," Gore said, denying
residents "the opportunity to take advantage of buying electricity at a cheaper price by turning away a
monopoly."
Daily Commercial: Editorial; An inconvenient try.1h, for Florida (October 7, 2015)
Florida is ranked third in its potential to produce solar energy yet is just one of four states that limit
electric sales to utilities, according to the Herald. Florida's major utilities have gutted solar rebate
programs and energy -efficiency goals, and now are fighting an initiative that would create solar
competition for them. A coalition of environmental and conservative groups called Floridians for Solar
Choice is seeking to put an initiative on the ballot that would change the status quo. The initiative
would allow solar companies to install rooftop panels on homes and businesses at little or no cost,
selling the power back to the customer at a long-term fixed rate.
Gainesville Sun, Editorial: An inconvenient truth (October 6, 2015)
But fossil fuel interests are trying to confuse voters with their own group, deceptively called Consumers
for Smart Solar. The group is largely being financially supported by the big utilities as well as out-of-
state front groups funding by the Koch brothers, according to the Energy and Policy Institute and the
Center for Media Democracy. The group is pushing an initiative giving Floridians the right to use solar
power in the state — a right they already have. As Politico reported, Gore rightly referred to the second
initiative as a "wolf... in sheep's clothing" that merely keeps utility monopolies in place.
Tampa Bay Times: Editorial: Court should allow solar amendment on ballot (September 1, 2015)
The investor -owned electric utilities and Attorney General Pam Bondi's office failed to make a
compelling argument Tuesday for the Florida Supreme Court to block a referendum next year on
expanding public access to solar power. They gave the court no reason to reject the ballot language of a
2016 constitutional amendment that would enable small-scale solar producers to resell energy in a
limited market. The electric monopolies instead used Tuesday's oral arguments to further test a
misinformation campaign that already is kicking into gear. At the moment, the future of solar, the fate
Contributions ore not tax deductible for Federal income tax purpose.
,f next year's elections and the direction of energy policy is not the issue. The ballot supporters for the
straightforward Floridians for Solar Choice effort have presented a clean and fair amendment. The
opponents may not like the ballot language, but they have offered nothing to justify the court knocking
it off the ballot. Let the voters decide the issue.
The Ledger: A ra of light in florlda's irqpendi battle over solar_ (August 23, 2015)
y , pg_
., owes
But there is another initiative that could help the Sunshine State rank higher than 14th notionally in
terms of solar power production. As farmer Republican state Sen. Paula Dockery of Lakeland reminds us
in her weekly column today, forces are gathering for a showdown of competing amendments to the
state Constitution regarding solar energy. The upcoming battle to revise the Constitution for control of
solar power likely will not be pretty. The important thing, however, is that both municipal systems like
Lakeland's and the solar industry no longer see energy from the sun as something that isfar fetched or
unsustainable. It is worth fighting for, and that is good for the future.
Palm Beach Post: Conflicting ballot measure clouds Florida's solar future (August 16, 2015)
The future of solar energy in Florida is beclouded by a battle of two amendments that are trying to
make their way onto the 2016 ballot. One strives to open up the tight grip of power companies, and
allow Floridians to buy solar energy from enterprising suppliers. The other, heavily funded by utilities,
exists for apparently no other purpose than to thwart the first one. if voters are confused, then the
second initiative has done its job. This is bare -knuckled politics. And if it delays the rise of solar power in
a state that rightfully ought to be known for it, we're all the worse for it. Because, while Florida may be
the Sunshine State, we're far from being the Sunshine -Power State.
Tampa Bay Times* Editorial: Don't confuse solar energy e (August 7, 2015)
The first proposed amendment (by Floridians for Solar Choice) is a genuine attempt to address an issue
the Legislature has failed to resolve, but the second one is an underhanded attempt to confuse voters.
Floridians for Solar Choice has proposed a constitutional amendment that would allow small-scale
power sales. Last month, a rival group aligned with the utilities filed its own proposed amendment. The
measure by the misnamed Consumers for Smart Solar would merely codify in the state Constitution
what's already in state low — provisions that allow consumers to own or lease solar equipment on their
property. It doesn't expand solar one bit or rewrite state regulations an iota, because its purpose is not
to stoke the solar market but to confuse voters and preserve the status quo.
Port Charlotte Sun: Standoff looms on Florida's Fs�ojar (J
uly July 24, 2015) , _
Confused aver "Solar Choice" and "Smart Solar'? That's the aim. Florida's utility companies have
dusted off an old ploy from the political ploy -book to ward off threats to their business posed by the
expansion of standalone rooftop solar power. Responding to a drive for a constitutional amendment
that would open up the solar market, an industry -backed group has Cooked up a competing
amendment that would reinforce the status quo. There's likely little chance that it will attract enough
signatures for the ballot, but that's not really the point. To voters, it will be "Solar Choke" vs. "Smart
Solar." The confusion alone could be enough to kill both, which only means a "win"for the utilities.
TC Palm: Fight shows, Solar power has_bright future (July 17, 2015)
By removing barriers that have closed the market to small producers of solar energy — 2 megawatts or
less and focused on providing electricity far their own or adjacent property — the amendment would
create competition for major utilities. They have responded by also asking the high court to nullify the
Pd. pol. adv. paid for and sponsored by Floridlonsfor Solar Choke, 120E. Oakland Park Blvd, Suite JOS, Fort Lauderdale, FL33334.
Contributions are not tax deductible for Federal income tax purpose.
amendment's language. Floridionsfor Solar Choice says on its website that it resorted to a
1:1 MZ _VXXkiaX--t1
,Veen thwarted by large monopoly power companies. "
Sun Sentinel: fj&t sho
ws t future (July 14, 2015)
Disputes about the proposed ballot language aside, we agree with the principles that motivate
Floridians for Solar Choice. As technology makes solar power more feasible and more available to small
producers, Florida — the Sunshine State — should regulate and deregulate to promote innovation and
competition. Perhaps there will come a day when small producers can mount the sort of challenge in
energy production that Uber has posed to established taxi companies. That kind of creative disruption
needs to be managed, not blocked. it is encouraging that, even with that kind of dominance, big utilities
are afraid of competition from the little guys. It means that they know solar power finally is becoming a
viable option.
Palm Beach Post: Solar amendment deserves to see light ot;lay (June 22, 2015)
As you have surely noticed, we have a lot of sunshine in the Sunshine State. Yet ours is not nearly the
top state in solar energy. It's not even close. We're, at best, 18th, as ranked by the Florida Solar Energy
Industries Association. A gross -roots coalition of advocates is out to change this... They are gathering
signatures far an amendment that would allow third parties — other than major utilities — to sell
electricity from solar power to businesses or property owners and adjacent properties, up to 2
megawatts (enough to power a Wol-Martfor a day). We hope the Supreme Court sees post the utilities'
arguments, and lets the state's voters have the ultimate say. We'd love to see the free market set loose
to move Florida's solar industry out of the shadows.
1
Bradenton Herald: Floridians. utilities forgn two ever fronts (June 4, 2015)in � ahead osolar �r
g_
Today, Floridians for Solar Choke aim to place a constitutional amendment proposal on renewable
energy onto the November 2016 ballot. This common-sense, free-market proposal simply asks voters to
change state policy and promote small-scale, local solar energy by eliminating barriers, chiefly the one
banning neighbor -to -neighbor sales of excess power. The surprising element to this is a broad -based
coalition of political opponents has united behind this petition drive. Republicans, Democrats, tea party
activists, libertarians, businesses, Christian Coalition conservatives, liberal environmentalists and others
joined hands under Floridians for Solar Choke. We hope the proposed amendment makes the 2016
ballot.
Northwest Florida Daily News: Cooling off the solar mono (May 28, 2015)
The problem isn't a lack of sunshine in the Sunshine State; in fact, Gulf Power plans to build three solar
energy 'farms" to catch some rays right here in Okolooso, Santa Rosa and Escambia counties.
No, the problem is that Florida is one of afew states which ban residents from buying electricity from
companies that put solar panels on homes or businesses. The proposed amendment would end that
prohibition.
Daily Commercial: Solar in the Sunshine State (May 27, 2015)
Florida residents should have the choice to purchase solar power without having to purchase expensive
solar panels. States that have seen a large expansion in solar energy use allow rooftop solar systems to
be owned by separate entities than the customer using the electricity, the Herald -Tribune reported.
Can tributions are not tax deductible for Federal income tax purpose.
These power purchase agreements save homeowners the upfront costs of buying solar panels while
providing savings on their utility bills. It's a win -win.
The Ledger: The Sunshine State: Interests in Solar Ene (May 27, 2015)
The problem is that Florida is one of the few states that ban residents from buying electricity from
companies that put solar panels on homes or businesses. The proposed amendment would end the
prohibition. More than 86,000 verified signature have been collected in support of the measure, and
another 70,000 are waiting to be verified, the Herald -Tribune reported.
Ocala Star Banner: Solar In the Sunshine State (May 25, 2015)
Groups as different as Sierra Club Florida and the Christian Coalition of America are supporting an
effort to expand the use of solar energy in the Sunshine State. Whether forfree-marketor
environmental principles, these disparate groups share an interest in seeing competition apply to the
sale of solar energy in Florida. Not surprisingly, big utilities are fighting to protect their big monopolies
and big profits.
Sarasota Herald -Tribune: (Solar] dower to the people (May 24, 2015)
The Legislature did it again. Or rather, the Legislature did nothing -- again. Given the opportunity in this
year's session to address an important and popular demand -- in this case, greater access to solar
energy -- the Legislature in essence looked the other way. Increased use of solar energy means a lot to
Florida's bottom line, too. Diversifying the state's energy sources would equip it to better handle future
swings in fuel prices. Florida would become less dependent on fossil fuel, a major contributor to climate
change. It shouldn't take a constitutional amendment to make the Legislature recognize the long-term
value of promoting solar power. But the proponents of third -party sales feel the Legislature -- whether
because of ideological objections or the influence of the big utilities -- gave them no choice.
Gainesville Sun: Supporting solar (May 21, 2015)
A recent state analysis found the amendment would mean less money for utilities, resulting in fewer
dollars from taxes and fees for state and local governments. Those cuts are outweighed by the benefits
that solar energy provides. Consumers could save money while saving the planet from the fossilfuel
emissions that contribute to climate change. Jobs would be created in the growing solar industry.
Whether far environmental or economic reasons, the solar amendment makes sense. We encourage
voters to sign the petition to put the measure on the November 2016 ballot.
Panama City News Herald: Time to let sunshine in (May 20, 2015)
It seems to us that there is a clear bottom line. Between now and 2016, Florida's Legislature has 0
chance to get all the stakeholders together and see if they can come up with a solution that benefits
everyone. Florida's government works best when its leaders listen to the people and then respond by
drafting appropriate legislation that solves the issue. Although they are popular, constitutional
amendments often create more problems and are open to wider interpretation from the Legislature
and the courts than most people expect. However, if the Legislature doesn't act there's a good chance
that — whether Florida's lawmakers and power companies are ready or not — the voters will decide it
is time to let the sunshine in.
Contributions are not tax deductible for Federal income tax purpose.
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Chervl Robertson
From: Peters -Katherine < Peters- Katherine@MonroeCounty-FL.Gov>
Sent: Tuesday, January 19, 2016 1:38 PM
To: County Commissioners and Aides; County Administrator; Hurley -Christine; Wilson -Kevin;
Senior Management Team; Amy Heavilin; Cheryl Robertson
Cc: Shillinger-Bob; Tennyson -Lisa; Colonna-Terri; Neugent-George; Gastesi-Roman; Ballard -
Lindsey
Subject: Add -On Item BOCC 1/20/16: sponsored by Mayor Pro Tern Neugent - Resolution
expressing support by Monroe County BOCC fior SB 1168/HB 989: funding for
Everglades Restoration Projects: If approved, will be Commissioners Item L-7
Attachments: Add On L7 (Neugent) Res exp supp SB 1168 HB 989 funding for Everglades Restoration
Projects 119 16.pdf
Good afternoon — attached please find agenda backup for an item sponsored by Mayor Pro Tern Neugent for
consideration to add to BOCC 1/20/16 meeting agenda tomorrow. If approved, the add -on agenda item number will be
Commissioners Item L-7. The agenda item wording is as follows:
"Approval of a resolution expressing the support of the Monroe County BOCC for Florida SB 11681HB 989 which dedicates
State funding for Everglades restoration projects from the Land Acquisition Trust Fund (Amendment 1)."
Paper copies of the Add -On L-7 agenda backup will be distributed prior to the start of the meeting/available for the
public. Thank you.
Kathy
Katherine Peters, CP
Paralegal/ Administrative Liaison
Monroe County Attorney's Office
111112th Street, Suite #408
Key West, FL 33040
Courier Stop #7
(305) 292-3470
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20, 2016
Bulk Item: Yes XX No
Division: Commissioner Neugent
Staff Contact: Terri Colonna — x4512
AGENDA ITEM WORDING: Approval of a resolution expressing the support of the Monroe
County BOCC for Florida SB I I68/HB 989 which dedicates State funding for Everglades restoration
projects from the band Acquisition Trust Fund (Amendment 1).
ITEM BACKGROUND:
Senate Bill1168, "Legacy Florida," sponsored by Senator Joe Negron (and identical House Bill 989)
proposes to designate 25% or $200M a year, whichever is lower, from the Land Acquisition Trust Fund
for Everglades restoration projects for 10 years. The Land Acquisition Trust Fund is the account that
holds Amendment 1 funding, which is expected to generate $900M next fiscal year. It is expected to
generate $740M this current year.
The bill targets money for projects geared toward restoring the flow of water across South Florida,
including the Comprehensive Everglades Restoration Plan and the Northern Everglades and Estuaries
Protection Program. The bulk of the money, through fiscal year 2025-2026, would go to plan, design
and construct the Comprehensive Everglades Restoration Plan. At least $32 million a year through the
2023-2024 fiscal year is proposed go to the South Florida Water Management District for its long-term
water plans. The bill is supported by a number of environmental organizations including the
Everglades Foundation and Audubon Florida.
Attached is a copy of SB 1168.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: None INDIRECT COST:
BUDGETED:
COST TO COUNTY: None SOURCE OF FUNDS:
REVENUE PRODUCING: No MOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
Mayor Pro Tem Neugent
RESOLUTION NO. - 2016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA IN
SUPPORT OF FUNDING FOR EVERGLADES
RESTORATION PROJECTS FROM THE STATE'S LAND
ACQUISITION TRUST FUND, INCLUDING SUPPORT
FOR 2016 FLORIDA HOUSE BILL 989 AND SENATE BILL
1168 THAT SEEK TO DEDICATE $200 MILLION OR 25%
OF THE LAND ACQUISITION TRUST FUND FOR
EVERGLADES RESTORATION PROJECTS.
WHEREAS, the waters of the Florida Keys are connected to and dependent on the
Everglades landscape as the primary source of fresh water that serves as the foundation of the
nearshore estuarine environment; and
WHEREAS, Monroe County's coast line encompasses Florida Bay, the Florida Keys
National Marine Sanctuary and Everglades National Park; and
WHEREAS, Florida Bay is within the vitally important ecosystem located between the
mainland and the Florida Keys, with approximately 20% of Florida Bay within the boundaries of
the FKNMS and approximately 80% of Florida Bay within the boundaries of Everglades
National Park; and
WHEREAS, the ecological health of the coastal and marine resources of Monroe County
is inextricably linked to that of Florida Bay and Everglades National Park; and
WHEREAS, Florida Bay comprises a significant portion of the coastal Everglades
recreational fishing industry worth $880 million annually and commercial shrimp and stone crab
fisheries worth more than $80 million annually; and
WHEREAS, the ecosystem of the Florida Keys, including Florida Bay, attracts over 4
million visitors and over $4.5 billion in economic activity annually, generating $192 million in
sales tax revenue for the State of Florida each year, and
WHEREAS, the health of Florida Bay is vital to the multi -billion dollar fishing and
ecotourism industry of South Florida, including commercial and recreational fishing, snorkeling,
diving, boat and equipment rentals, and other related businesses; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida recognizes
that the restoration of America's Everglades is critical to the long-term sustainability of South
Florida's economy, quality of life, and environment; and
WHEREAS, these restoration projects are funded by the federal and state government
with goals of restoring wetlands, ecosystems, national parks and wildlife refuges and protecting
threatened and endangered species; and
Page 1 of 3
Mayor Pro Tern Neugent
WHEREAS, lack of freshwater flow, coupled with unseasonably low rainfall over the
past year, have led to high salinity in Florida Bay which has contributed to resultant mass
seagrass die -offs that may continue to worsen; and
WHEREAS, scientists caution that a harmful algal bloom in Florida Bay is possible as a
result of the widespread sea grass decomposition that could lead to further habitat loss for a
number of species, a disaster from which it would take many years to recover; and
WHEREAS, the dire situation in Florida Bay is a symptom of a larger water crisis
plaguing Florida whereby northern coastal estuaries are being inundated by Lake Okeechobee
discharges while the Everglades National Park and Florida Bay are starved for freshwater due to
lack of infrastructure for treatment and storage of water and restoration of flow; and
WHEREAS, the fresh water that should contribute to the natural, stow, sheet flow of
water through the Everglades to Florida Bay keeping the Bay healthy is instead diverted,
upsetting the balance of salinity and creating a poor environment for wildlife and seagrasses;
WHEREAS, the capture, storage, treatment, and conveyance of water southward through
the Everglades is critical to restoring and balancing natural water flow, ultimately beneritting the
Florida Bay;
WHEREAS, projects in the southern Everglades such as those related to the C-I l I canal
and CERP "foundational" projects such as the Modified Water Delivery projects most directly
impact water flow to, and conditions within, the Florida Bay; and
WHEREAS, the urgent salinity issues in the Florida Bay may warrant that these projects
be considered among the priorities for the funding appropriated with this legislation; and
WHEREAS, this bill will direct funding to restoration projects that address water quality
and water quantity throughout the Everglades;
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe
County, Florida:
1. The above recitals are hereby incorporated into this resolution as restated herein and constitute
the legislative findings and intent of the Board of County Commissioners of Monroe County,
Florida.
2. The Board supports an appropriation from the Land Acquisition Trust Fund for the
minimum of the lesser of 25% or $200 million for Everglades restoration projects.
Page 2 of 3
Mayor Pro Tern Neugent
The Clerk for this Board shall furnish copies of this resolution to Governor Scott,
Speaker of the House Steve Crisafulli, Senate President Andy Gardiner, House
Appropriations Chair Richard Corcoran, Senate Appropriations Chair Tom Lee,
House Appropriations Sub -Committee Chair Ben Albritton, Senate Appropriations
Sub -Committee Chair Alan Hays, and the legislative delegation for Monroe County
as soon as reasonably possible.
4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 20d' day of January, 2016.
Mayor Heather Carruthers
Mayor pro tem George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Heather Carruthers
Page 3 of 3
ADDITIONAL
BACK-UP
Florida Senate - 2016 (Corrected Copy) SB 1168
By Senators Negron and Benacquisto
32-01093B-16 20161168_
1 A bill to be entitled
2 An act relating to implementation of the water and
3 land conservation constitutional amendment; amending
4 s. 375.041, E.S.; requiring a minimum specified
5 percentage of funds within the Land Acquisition Trust
6 Fund to be appropriated for Everglades restoration
7 projects; providing a preference in the use of funds
8 to certain projects that reduce harmful discharges to
9 the St. Lucie Estuary and the Caloosahatchee Estuary;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (3) of section 375.041, Florida
15 Statutes, is amended to read:
16 375.041 Land Acquisition Trust Fund.-
17 (3) Funds distributed into the Land Acquisition Trust Fund
18 pursuant to s, 201.15 shall be applied:
19 (a) First, to pay debt service or to fund debt service
20 reserve funds, rebate obligations, or other amounts payable with
21 respect to Florida Forever bonds issued under s. 215.618; and
22 pay debt service, provide reserves, and pay rebate obligations
23 and other amounts due with respect to Everglades restoration
24 bonds issued under s. 215.619; and
25 (b) Of the funds remaining after the payments required
26 under paragraph (a) but before funds may be appropriated or
27 dedicated for other uses, a minimum of the lesser of 25 percent
28 or $200 million shall be appropriated annually for Everglades
29 projects that implement the Comprehensive Everglades Restoration
30 Plan as set forth in s. 373.470, including the Central
31 Everglades Planning Project subject to congressional
32 authorization,• the Long -Term Plan as defined in s. 373.4592(2);
Page 1 of 2
CODING: Words etrcleken are deletions; words underlined are additions.
Florida Senate - 2016
32-01093B-16
(Corrected Copy) SB 1168
20161168
33 and the Northern Everglades and Estuaries Protection Program as
34 set forth in s 373.4595. From these funds, $32 million shall be
35 distributed each fiscal year through the 2023-2024 fiscal year
36 to the South Florida Water Management District for the Long -Term
37 Plan as defined in s. 373.4592(2). After deducting the $32
38 million distributed under this paragraph, from the funds
39 remaining, a minimum of the lesser of 76.5 percent or $100
40 million shall be appropriated each fiscal year throw h the 2025-
41 2026 fiscal year for the planning, design, engineering, and
42 construction of the Comprehensive Everglades Restoration Plan as
43 set forth in s. 373.470, including the Central Everglades
44 Planning Project subject to congressional authorization. The
45 Department of Environmental Protection and the South Florida
46 Water Management District shall give preference to those
47 Everglades restoration projects that reduce harmful discharges
48 of water from Lake Okeechobee to the St. Lucie or Caloosahatchee
49 estuaries in a timely manner Vien,
50 bends is -seed- efer-e Febfuavy !, 2009r--by-- he Seat. Fl e f d, Wa er
51 Management-BletrAet and the St. aehas River Water Management
52
53
54
te fund debt seryiee Eeserye funds, rebate ebligatlens, er ether-
55
56 e)ep!re5 jul +--1, 2916-t-and
57
58 South Flerlda-Water- Managament-Dismet €er the 13eng Term Plan
59 as defined in s 3?7 e892 (2) This paragraph July iy 1,
-o
60 2024.
61 Section 2. This act shall take effect July 1, 2016.
Page 2 of 2
CODING: Wordsetr-le;een are deletions; words underlined are additions.